A court trying a
person charged with having committed a crime under —
(a)
section 6(1) may, if the evidence does not establish that that person is
guilty of that crime but does establish that he is guilty of a simple offence
under section 6(2); or
(b)
section 7(1) may, if the evidence does not establish that that person is
guilty of that crime but does establish that he is guilty of a simple offence
under section 7(2),
convict him of having
committed that simple offence and, whether that court is a summary court, the
District Court or the Supreme Court, impose on him the penalty referred to in
section 34(1)(e).
[Section 10 amended: No. 4 of 2004 s. 58.]