Power to convict for offence other than that charged
90.—(1) An accused charged before a subordinate military court with an offence under this Act may, on failure of proof of the offence having been committed under circumstances involving a higher degree of punishment, be found guilty of the offence as having been committed under circumstances involving a lower degree of punishment.
(2) An accused charged before a subordinate military court with any offence may be found guilty of attempting to commit that offence.
(3) An accused charged before a subordinate military court with attempting to commit a military offence may be convicted on that charge even though it is proved that he or she actually committed the military offence.
(4) An accused charged before a subordinate military court with attempting to commit a civil offence may be convicted on that charge even though it is proved that he or she actually committed the civil offence.
(5) An accused charged before a subordinate military court with theft may be found guilty of dishonestly misappropriating property.
(6) An accused charged before a subordinate military court with desertion may be found guilty of being absent without leave.
(7) An accused charged before a subordinate military court with striking a person superior in rank or appointment may be found guilty of using or offering violence to a person superior in rank or appointment.
[28/2009]
(8) An accused charged before a subordinate military court with using violence may be found guilty of offering violence.
(9) An accused charged before a subordinate military court with using threatening language may be found guilty of using insubordinate language.
(10) When an accused is charged before a subordinate military court with a civil offence and the charge is one upon which, if he or she had been tried by a civil court in Singapore for such an offence committed in Singapore, he or she might have been found guilty of any other offence, the subordinate military court has the power to find him or her guilty of that offence.