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Part 2Jurisdiction, procedures, and powers
Findings of Court Martial: Finding on charge

59Accused may be convicted of offence even though facts proved in evidence differ from those alleged in particulars of charge

  1. An accused may be convicted of an offence even though the facts proved in evidence differ from the facts alleged in the particulars of the charge, if the Court Martial considers that—

  2. the facts proved in evidence are sufficient to prove the commission of the offence to which the charge relates; and
    1. the difference is not so material as to have prejudiced the accused in his or her defence.