"(5)Where, when a person is tried on indictment or summarily for a offence under this section, the jury, or, in the case of a summary trial the District Court, is of the opinion that he or she was not guilty of an offence under this section but was guilty of an offence under section 110, the jury or court may find him or her guilty of an offence under section 110 and he or she may be sentenced accordingly.".