Section 339 — Crimes Act 1961: Part of charge proved

339 Part of charge proved (1) Every count shall be deemed divisible;

and if the commission of the crime charged, as described in the enactment creating the crime or as charged in the count, includes the commission of any other crime, the person accused may be convicted of any crime so included which is proved, although the whole crime charged is not proved; or he may be convicted of an attempt to commit any crime so included. (2) On a count charging murder, the jury may— (a) In accordance with section 337 of this Act, find the accused guilty of an attempt to commit murder; or (b) If the evidence proves manslaughter but does not prove murder, find the accused guilty of manslaughter— but shall not on that count, except in accordance with subsection (2) of section 178 of this Act (which relates to infanticide) find the accused guilty of any other offence. (3) [Repealed] Compare: 1908 No 32 s 396 Subsection (2) was substituted, as from 1 January 1974, by section 8 Crimes Amendment Act 1973 (1973 No 118). Subsection (3) was repealed, as from 1 February 1986, by section 4 Crimes Amendment Act (No 3) 1985 (1985 No 160).