COMPETENT VERDICTS

Share

Sections 273 to 276 permit the courts in specified cases to convict an accused of a crime other than the one with which he or she was originally charged.

The verdicts that are competent for specific crimes are listed under those specific crimes. What follows are some general provisions relating to competent verdicts.

 

Charge

Competent verdict

Any crime

Corresponding unfinalised crime or assisting perpetrator of crime

Crime that contains essential elements of another crime

The other crime if facts support such conviction

 

Sentence imposable where person found guilty on competent verdict [s 276]

This provides that, if an accused is found guilty of a crime other than the one with which he was originally charged, he or she may not suffer a sentence greater than the maximum sentence for which he or she was originally liable.