Criminal Code Act 1995
Schedule
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The Criminal Code
Division 474
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Telecommunications offences
Subdivision C
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General offences relating to use of telecommunications
SECTION 474.17B
Alternative verdict if aggravated offence not proven
(1)
If, on a trial for an offence (the aggravated offence ) against subsection 474.17A(1) , the trier of fact:
(a) is not satisfied that the defendant is guilty of the aggravated offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 474.17(1) ;
(2)
If, on a trial for an offence (the aggravated offence ) against subsection 474.17A(4) , the trier of fact:
(a) is not satisfied that the defendant is guilty of the aggravated offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 474.17(1) or subsection 474.17A(1) ;
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.6 - Telecommunications Services
View history note
Hide history noteIf, on a trial for an offence (the aggravated offence ) against subsection 474.17A(1) , the trier of fact:
(a) is not satisfied that the defendant is guilty of the aggravated offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 474.17(1) ;
it may find the defendant not guilty of the aggravated offence but guilty of the offence against subsection 474.17(1) , so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
(2)
If, on a trial for an offence (the aggravated offence ) against subsection 474.17A(4) , the trier of fact:
(a) is not satisfied that the defendant is guilty of the aggravated offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection 474.17(1) or subsection 474.17A(1) ;
it may find the defendant not guilty of the aggravated offence but guilty of the offence against subsection 474.17(1) or subsection 474.17A(1) , so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
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