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Court Martial Act 2007

Consequential amendments

Schedule 1: Alternative offences under 1971 Act of which accused may be convicted by Court Martial

You could also call this:

"Other crimes you can be found guilty of if charged with something similar"

Illustration for Court Martial Act 2007

You are looking at a list of alternative offences under the 1971 Act. This list shows what other offences you might be convicted of if you are charged with something else. The Court Martial can convict you of these alternative offences. You can be charged with one offence, but convicted of another similar one. For example, if you are charged with aiding the enemy with intent to assist, you might be convicted of aiding the enemy knowingly and without lawful excuse instead. There are many other examples like this in the list. The list has 23 examples of offences and their alternatives. It includes things like communicating with the enemy, striking a superior officer, and deserting the army. Each example shows what offence you might be charged with, and what alternative offence you might be convicted of.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002057.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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"Changes to other laws to fit with the Court Martial Act 2007"

1Alternative offences under 1971 Act of which accused may be convicted by Court Martial Empowered by s 58

The following table is medium in size and has 2 columns. Column 1 is headed Offence charged under 1971 Act. Column 2 is headed Alternative offence under 1971 Act.
Offence charged under 1971 Act Alternative offence under 1971 Act
1 Section 23(1) (aiding the enemy with intent to assist the enemy). Section 23(2) (aiding the enemy knowingly and without lawful excuse).
2 Section 24(1) (communicating with, giving intelligence to, or failing to report information about the enemy, with intent to assist the enemy).

  • Section 24(2) (communicating with or giving intelligence to the enemy without authority, or failing to report information about the enemy without lawful excuse); or
    1. Section 25 (disclosing information without authority).

        		1.
        3 Section 24(2) (communicating with or giving intelligence to the enemy without authority, or failing to report information about the enemy without lawful excuse). Section 25 (disclosing information without authority).
        4 Section 29(1)(b) (when before the enemy, using words which to his or her knowledge are likely to create despondency or unnecessary alarm). Section 29(2) (the corresponding offence without knowledge).
        5 Section 34(5)(a) (striking a person on guard duty or on watch). Section 34(5)(b) (using force against a person on guard duty or on watch otherwise than by striking him or her).
        6 Section 35(1)(a) (striking his or her superior officer).

      1. Section 35(1)(b) (using violence to his or her superior officer otherwise than by striking); or
        1. Section 35(1)(c) (offering violence to his or her superior officer).

            		1.
            7 Section 35(1)(b) (using violence to his or her superior officer, other than by striking). Section 35(1)(c) (offering violence to his or her superior officer).
            8 Section 35(1)(c) (offering violence to his or her superior officer). Section 36(1)(a) (using threatening language to his or her superior officer).
            9 Section 36(1)(a) (using threatening language to his or her superior officer).

          1. Section 36(1)(b) (using insubordinate language to his or her superior officer); or
            1. Section 36(1)(c) (using insulting language to his or her superior officer).

                		1.
                10 Section 36(1)(b) (using insubordinate language to his or her superior officer). Section 36(1)(c) (using insulting language to his or her superior officer).
                11 Section 41(a) (striking another person subject to this Act who is of inferior rank). Section 41(b) (ill-treating such a person otherwise than by striking him or her).
                12 Section 44(2)(a) (striking a member of the Armed Forces ordering offender into arrest).

              1. Section 44(2)(b) (using violence to a member of the Armed Forces ordering offender into arrest otherwise than by striking); or
                1. Section 44(2)(c) (offering violence to any such member of the Armed Forces).

                    		1.
                    13 Section 44(2)(b) (using violence to a member of the Armed Forces who has ordered offender into arrest). Section 44(2)(c) (offering violence to any such member of the Armed Forces).
                    14 Section 44(3)(a) (striking person who is apprehending an offender or who is holding him or her in custody).

                  1. Section 44(3)(b) (using violence to any such person otherwise than by striking); or
                    1. Section 44(3)(c) (offering violence to any such person).

                        		1.
                        15 Section 44(3)(b) (using violence to any person who is apprehending an offender or who is holding him or her in custody). Section 44(3)(c) (offering violence to any such person).
                        16 Section 46(1) (permitting the escape of prisoners and other persons in custody wilfully and without authority). Section 46(2) (doing certain specified acts with intent to facilitate escape).
                        17 Section 47 (desertion). Section 48 (absence without leave).
                        18 Sections 47 and 76 (attempting to desert). Section 48 (absence without leave).
                        19 Section 57(1)(a) (stealing service property or property belonging, etc, to a person subject to service law). Section 57(1)(b) (fraudulently misapplying any such property).
                        20 Section 58 (receiving service property or property belonging, etc, to a person subject to service law). Section 59 (being in possession of any such property without lawful excuse).
                        21 Section 61(1) (wilful destruction of or damage to property). Section 61(2) (negligent destruction of or damage to property).
                        22 Section 64(1) (losing or hazarding a ship, aircraft, or armoured fighting vehicle wilfully and without authority). Section 64(2) (losing or hazarding a ship, aircraft, or armoured fighting vehicle negligently).
                        23 Section 67(1)(a) (reckless or dangerous driving). Section 67(2) (careless or inconsiderate driving).
                        Notes
                        • Schedule 1 item 14: amended, on , by section 4 of the Court Martial Amendment Act 2010 (2010 No 57).