Where a person has been convicted or acquitted1 of a service offence2 or has had a service offence taken into consideration3 when being sentenced, the Court Martial4 may not try that person for an offence if that offence is: (1) the same offence in law as the earlier offence; (2) an offence all of whose elements are elements of the earlier offence; or (3) an offence of which he could have been convicted as an alternative5 to the earlier offence by either the Court Martial or the Service Civilian Court6, and the alleged facts on which the charge in
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