Armed Forces Discipline Act 1971

74 Offences against the civil law of New Zealand

(1)

Every person subject to this Act commits an offence against this section who, whether in New Zealand or elsewhere, does or omits any act which would, if done or omitted in New Zealand, be an offence against any Act other than this Act (in this section referred to as a civil offence).

(2)

Every person convicted of an offence against this section is liable to be sentenced in accordance with the following provisions:

(a)

if the civil offence is punishable by a fixed punishment, he shall be sentenced to that punishment:

(b)

if the civil offence is punishable by a maximum punishment, he may be sentenced to—

(i)

a punishment not exceeding that maximum; or

(ii)

a punishment that, under this Act, is less severe than imprisonment:

provided that no person found guilty of an offence against this section shall be liable under this paragraph to a fine exceeding the maximum prescribed in respect of the civil offence.

(2A)

Notwithstanding anything in subsection (2), no person who is convicted of an offence against this section shall be liable to any punishment of a kind that is not specified in clause 1 of Schedule 2, or clause 1 of Schedule 3.

(3)

Where a person is charged with an offence against this section and the corresponding civil offence is one in respect of which, if he were tried for the civil offence before a civil court in New Zealand, that court could convict him of a civil offence other than the one charged, he may nevertheless be convicted of an offence against this section in respect of that other civil offence, and may be sentenced to the punishment prescribed in respect of that other civil offence in accordance with the provisions of subsection (2).

(4)

Except with the consent of the Attorney-General, a person subject to this Act may not be tried by the Court Martial for an offence against this section which is alleged to have been committed in New Zealand if the corresponding civil offence is treason, murder, manslaughter, sexual violation, or bigamy.

(5)

Where the corresponding civil offence is murder or manslaughter, an offence against this section shall be deemed, for the purposes of subsection (4), to have been committed at the place of the commission of the act or occurrence of the neglect which caused the death, irrespective of the place of the death.

(6)

For the purposes of subsections (4) and (5), the term murder includes inciting, counselling, procuring, aiding, or abetting suicide.

Compare: 1950 No 39 s 62; 1950 No 40 s 62; Army Act 1955 s 70 (UK); Air Force Act 1955 s 70 (UK); Naval Discipline Act 1957 ss 42, 48 (UK)

Section 74(2A): inserted, on 1 January 1986, by section 18 of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).

Section 74(4): amended, on 1 July 2009, by section 20 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 74(4): amended, on 27 May 1988, by section 4 of the Armed Forces Discipline Amendment Act 1988 (1988 No 89).