Document ID: chunk:federal_register_of_legislation:C2024C00861:section:32
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 32
Character Range: 104730–106132

32  Person on guard or on watch
 (1) A defence member commits an offence if the member is on guard duty or on watch and the member:
 (a) sleeps at the member's post or on watch; or
 (b) is not on duty at a post but sleeps when the member's duty requires him or her to be awake; or
 (c) is intoxicated; or
 (d) leaves his or her post before being regularly relieved or otherwise absents himself or herself from a place where it is the member's duty to be.
Maximum punishment: Imprisonment for 12 months.
 (2) Strict liability applies to paragraphs (1)(a), (b), (c) and (d).
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Note 2: For the meaning of intoxicated, see subsection 3(1).
 (3) A defence member commits an offence if the member:
 (a) is engaged on service in connection with operations against the enemy; and
 (b) is on guard duty or on watch; and
 (c) engages in conduct that constitutes an offence against subsection (1).
Maximum punishment: Imprisonment for 5 years.
 (4) Strict liability applies to paragraph (3)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (6) It is a defence if a person charged with an offence under this section proves that he or she had a reasonable excuse for engaging in the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (6). See section 13.4 of the Criminal Code.