Part 1Offences

Desertion and absence without leave

I1I29Absence without leave

1

A person subject to service law commits an offence if subsection (2) or (3) applies to him.

2

This subsection applies to a person if he is intentionally or negligently absent without leave.

3

This subsection applies to a person if—

a

he does an act, being reckless as to whether it will cause him to be absent without leave; and

b

it causes him to be absent without leave.

4

In subsection (3) “act” includes an omission and the reference to the doing of an act is to be read accordingly.

5

A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.