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Offences punishable by ordinary law of Saorstát Éireann.
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69.—Subject to such regulations for the purpose of preventing interference with the jurisdiction of the Civil Courts as are in this Act mentioned, every person who, whilst he is subject to military law, shall commit any of the offences in this Section mentioned shall be deemed to be guilty of an offence against military law, and if charged under this Section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by Court-Martial and on conviction to be punished as follows, that is to say:—
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(1) If he is convicted of treason be liable to suffer death or such less punishment as is in this Act mentioned; and
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(2) If he is convicted of murder be liable to suffer death; and
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(3) If he is convicted of manslaughter or treason felony be liable to suffer penal servitude or such less punishment as is in this Act mentioned; and
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(4) If he is convicted of rape be liable to suffer penal servitude or such less punishment as is in this Act mentioned; and
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(5) If he is convicted of buggery be liable to suffer penal servitude or such less punishment as is in this Act mentioned; and
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(6) If he is convicted of any of the offences specified in the Third Schedule hereto or an attempt to commit any of the offences hereinbefore mentioned in this Section or specified in the said Schedule (the attempt to commit which is a criminal offence punishable by the ordinary criminal law of Saorstát Eireann) or any other offence against the law of Saorstát Eireann not before in this Section particularly referred to, which is punishable by the ordinary criminal law of Saorstát Eireann, be liable either to suffer such punishment as might be awarded to him in pursuance of this Act in respect of an offence to the prejudice of good order and military discipline or to suffer any punishment assigned for such offence by the law of Saorstát Eireann:
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Provided that a person subject to military law shall not be tried by Court-Martial for treason, murder, manslaughter, treason felony, rape or buggery unless such person at the time he committed the offence was on active service.
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Scale and Application of Punishments.
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