Criminal Code (Cap. 9), article 467

467. (1) The jury shall in their deliberations consider, in the first place, whether the accused is guilty of the offence charg ed against him in the indictment, with all the aggravating circumstances, if any, therein specified; and, if the jury shal l be of opinion that such guilt is proved, they shall, in the manner pr ovided in articles 468 and 46 9, find the accused " guilty ". (2) Where there is no proof that the accused, or any one of the accused, was the principal or one of the principals in the offe nce charged in the indictment, but there is proof that he was an accomplice or of being guilty of conspiracy to commit that offe nce, *Article 463 has not yet come into force. Vide article 13(2) of Ordinance No.VI of 1947. CRIMINAL CODE [CAP. 9. 303 it shall be lawful for the jury to find him guilty of complicit y in, or of conspiracy to commit, such offence; conversely, where a pers on is accused, in the indictment, of being an accomplice in an off ence it shall be lawful for the jury to find him guilty of conspirac y to commit that offence or of being the principal, or one of the principals, in that offence and if he is accused of conspiracy to commit an offence he may be found guilty of being an accomplice in that offence or of being a principal, or one of the principa ls, in that offence, completed or attemp ted, if there is proof to that effect: Provided that where a person accused in the indictment of conspiracy to commit an offence is found guilty as aforesaid of being a principal, or one of t he principals, in the offence, completed or attempted, the punishment shall not be more severe than the punishment demanded in the bill of indictment. (3) Where two or more individuals are indicted as principals in an offence and there is proof that such offence was committed b y one or more of them, but there is no proof as to which one of t hem or which of them committed the o ffence, it shall be lawful for the jury to find all the accused guilty as accomplices in the offen ce, if it is proved that all of them took in the offence a part suffic ient to render them accomplices. (4) Where the offence is not proved in the terms in which it was specified in the indictment, but it shall appear at the trial t hat either the same offence but of a less aggravated character, or a lesse r offence, or an attempted of fence only has been committed, provided the same be included or involved in any part of the indictment, the jury may eit her exclude the aggravating circumstances or add those circum stances which make the offence of a less aggravated character, or find the accused guilty of s uch lesser offence or of an attempted offence, or of the facts constituting such lesser offence or attempted offence, as the c ase may be. The jury may enter their verdict by saying " guilty, but without the circumstance or circumstances of . . . . . . . . . . ," specifying the circumstance or cir cumstances which they want to exclude; or, " guilty, but with the circumstance or circumstances of . . . . . . . . . . . ," specifying the circumstance or circumsta nces which make the offence of a less aggravated character; or, " guilty, but only of . . . . . . . . . . ," specifying the offence or the attempted offence (or the facts constituting such offence or attempted offence) of which the jury may find the accused guilty as afore said. (5) If the jury are of opinion that the accused is not guilty in any form as aforesaid, the y shall find the accused " not guilty ". Number of votes required for a legal verdict.