South Australian Consolidated Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 285B

285B—Conviction on plea of guilty of offence other than that charged

Where a person arraigned on an information pleads not guilty of an offence charged in the information but guilty of some other offence of which he might be found guilty upon trial for the offence charged, and the plea of guilty is accepted by the prosecution, then (whether or not the two offences are separately charged in distinct counts)—

            (a)         the person may be convicted on the plea of guilty and his conviction shall operate as an acquittal of the offence charged; and

            (b)         if he has been placed in the charge of the jury, the jury shall be discharged without being required to give a verdict (unless the trial is to continue in respect of further counts that are unaffected by the plea); and

            (c)         he shall be liable to be punished for the offence of which he has been convicted in the same manner as if he had been found guilty of the offence upon trial for the offence charged.



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