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Law library · Sierra Leone · The Criminal Procedure Act, 2024

Section 78, The Criminal Procedure Act, 2024

Status not yet checkedThe Criminal Procedure Act, 2024, Sierra Leone

(1) Where on the trial of a person charged with an offenceit appears upon the evidence that the defendant did not complete the offence but was guilty of attempting to commit the offence or to cause such offence to be committed, such defendant shall not be acquitted, but a verdict may be returned of not guilty of the offence charged but guilty of an attempt to commit the offence and thereupon the defendant shall be punished as if convicted on an information or indictment for attempting to commit such offence and no person so tried shall be afterwards prosecuted for an attempt to commit the offence for which he was so tried. (2) Where a person is charged with an attempt to commit an offence and the evidence establishes the commission of the full offence, the defendant may not be convicted of the full offence but may nevertheless be convicted of the attempt.

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