(1) At the trial of a person charged with an indictable offence, if the evidence establishes that he or she is guilty of another indictable offence of such a nature that upon an indictment charging him or her with that other offence he or she might have been convicted of the offence with which he or she is actually charged, he or she may be convicted of the offence with which he or she is so charged.
(2) A person so tried is not liable to be prosecuted again for the offence established by the evidence, unless the Court thinks fit to discharge the jury from giving any verdict, and to direct that the accused person be indicted for that other offence, in which case he or she may be dealt with in all respects as if he or she had not been put upon his or her trial for the offence with which he or she is actually charged.