Section 223-237 Administration of Criminal Justice Act 2015 NG

Section 223-237 of the Administration of Criminal Justice Act 2015

Section 223 to 237 of the Administration of Criminal Justice Act 2015 is under PART 23 (CONVICTION WHEN CHARGED WITH ONE OF SEVERAL OFFENCES OR OF ANOTHER OFFENCE) of the Act.

Section 223 Administration of Criminal Justice Act 2015

Where defendant charged with one offence may be convicted of another

Where a defendant is charged with one offence and it appears in evidence that he committed a different offence with which he might have been charged under the provisions of this Act, he may be convicted of the offence, which he is shown to have committed although he was not charged with it.

Section 224 Administration of Criminal Justice Act 2015

Full offence charged, attempt proved

Where a defendant is charged with an offence but the evidence establishes an attempt to commit the offence he may be convicted of having attempted to commit that offence although the attempt is not separately charged.

Section 225 Administration of Criminal Justice Act 2015

Attempt charged, full offence proved

Where a defendant is charged with an attempt to commit an offence but the evidence establishes the commission of the full offence he shall not be entitled to an acquittal but he may be convicted of the attempt and punished accordingly.

See also  Section 50-64 Administration of Criminal Justice Act 2015 NG

Section 226 Administration of Criminal Justice Act 2015

Liability as to further prosecution

Where a defendant has been convicted of an attempt under either section 224 or 225 of this Act he shall not subsequently be liable to be prosecuted for the offence for which he was convicted of attempting to commit.

Section 227 Administration of Criminal Justice Act 2015

On charge of an offence conviction as accessory after the fact to that or connected offence may follow

Where a defendant is charged with an offence and the evidence establishes that he is an accessory after the fact to that offence or to some other offence of which a defendant charged with the first-mentioned offence may be convicted by virtue of any of the provisions of this Act, he may be convicted as an accessory after the fact to that offence or that other offence, as the case may be, and be punished accordingly.

Section 228 Administration of Criminal Justice Act 2015

Defendant tried for lesser offence but a higher offence is proved

(1) Where on the trial of a defendant for a lesser offence it appears that the facts proved in evidence amount in law to a higher offence not charged, the defendant shall not by this reason be acquitted of the lesser offence.

(2) The defendant referred to in subsection (1) of this section is not liable afterwards to be prosecuted for the higher offence proved, but the court may in its discretion stop the trial of the lesser offence or direct that the defendant be charged and tried for the higher offence, in which case, the defendant may be dealt with in all respects as if he had not been put to trial for the lesser offence.

(3) Where a charge is brought for the higher offence pursuant to this section, the defendant shall be tried before another court.

Section 229 Administration of Criminal Justice Act 2015

Conviction of kindred offences relating to property

Where a defendant is charged with an offence relating to property and the evidence establishes the commission by him with respect to the same property of another offence, he may be convicted of that other offence although he was not charged with it.

Section 230 Administration of Criminal Justice Act 2015

Defendant charged with burglary may be convicted of kindred offence

Where on trial for burglary, housebreaking or related offence, the facts proved in evidence justify a conviction for some other offences and not the offence with which the defendant is charged, he may be convicted of the other offence and be punished as if he had been convicted on a charge or an information charging him with the offence.

See also  Section 415 Administration of Criminal Justice Act 2015 NG

Section 231 Administration of Criminal Justice Act 2015

On charge of rape conviction under defilement, incest, unnatural or indecent assault may follow

Where on a trial for rape, defilement, incest, unnatural or indecent offences against a person, the facts proved in evidence can ground conviction for an indecent assault and not the offence with which the defendant is charged, he may be convicted of the offence of indecent assault, and be punished as if he had been convicted on a charge or an information charging him with the offence of indecent assault.

Section 232 Administration of Criminal Justice Act 2015

Procedure for trial on charge for certain offences

(1) A trial for the offences referred to in subsection (4) of this section may not, where the court so determines, be held in an open court.
(2) The names and identity of the victims of such offences or witnesses shall not be disclosed in any record or report of the proceedings and it shall be sufficient to designate the names of the victims or witnesses with a combination of alphabets.
(3) Where in any proceeding the court determines it is necessary to protect the identity of the victim or a witness the court may take any or all of the following measures:
(a) receive evidence by video link;

(b) permit the witness to be screened or masked;

(c) receive written deposition of expert evidence;

(d) any other measure that the court considers appropriate in the circumstance.

(4) The provision of this section shall apply to:
(a) offences under section 231 of this Act

(b) offences under the Terorism (Prevention) (Amendment) Act ,

(c) offences relating to Economic and Financial Crimes,

(d) Trafficking in Persons and related offences.

(e) any other offence in respect of which an Act of the National Assembly permits the use of such protective measures.

(5) Any contravention of the provisions of subsection (2) of this section shall be an offence and liable on conviction to a minimum term of one year imprisonment.

Section 233 Administration of Criminal Justice Act 2015

On charge of defilement conviction of indecent assault may follow

Where on a trial for an offence of defilement, the facts proved in evidence warrant a conviction for an indecent assault and not the offence with which the defendant is charged, the defendant may be convicted of indecent assault although he was not charged with that offence.

Section 234 Administration of Criminal Justice Act 2015

Where murder or infanticide is charged and concealment of birth is proved

Where a defendant is charged and tried for the murder of child or for infanticide and it appears on the evidence that the defendant was not guilty of murder or of infanticide, as the case may be, but was guilty of the offence of concealment of birth, the defendant may be convicted of that offence.

See also  Section 112 Administration of Criminal Justice Act 2015 NG

Section 235 Administration of Criminal Justice Act 2015

Where murder is charged and infanticide is proved

(1) Where a defendant is charged and tried for the murder of a newly-born child and it appears on the evidence that the defendant was not guilty of murder but was guilty of infanticide, the defendant may be convicted of infanticide.
(2) Nothing in subsection (1) of this section prevents a defendant who is tried for the murder of a newly-born child from being:
(a) convicted of manslaughter; or

(b) found guilty of concealment of birth; or

(c) acquitted on the ground that by virtue of an applicable law he was not criminally responsible, and dealt with accordingly or in accordance with this Act or any other law.

Section 236 Administration of Criminal Justice Act 2015

Where offence proved is not included in offence charged

(1) Where a defendant is charged with an offence consisting of several particulars, a combination of some of which constitutes a lesser offence in itself and the combination is proved but the remaining particulars are not proved, he may be convicted of, or plead guilty to the lesser offence although he was not charged with it.
(2) Where a defendant is charged with an offence and facts are proved which reduce it to a lesser offence, he may be convicted of the lesser offence although he was not charged with it.

Section 237 Administration of Criminal Justice Act 2015

Withdrawal of remaining charges on conviction on one of several charges

(1) Where more than one charge is made against a defendant and a conviction has been had on one or more of them, the prosecutor may, with the consent of the court, withdraw the remaining charge or charges or the court, of its own motion, may stay the trial of the charge or charges.

(2) A withdrawal has the effect of an acquittal on the charge or charges unless the conviction which has been had is set aside, in which case, subject to any order of the court setting aside such conviction, the court before which the withdrawal was made may, on the request of the prosecutor, proceed on the charge or charges withdrawn.

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