Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 9.1 - Serious drug offences  

Division 313 - Defences and alternative verdicts  

SECTION 313.3   313.3   Alternative verdict - offence not proved  

(a) in a prosecution for an offence against this Part, the trier of fact:

(i) is not satisfied that the defendant is guilty of the alleged offence; but

(ii) is satisfied, beyond reasonable doubt, that the defendant is guilty of another offence against this Part; and

(b) the maximum penalty for the other offence is not greater than the maximum penalty for the alleged offence;

the trier of fact may find the defendant not guilty of the alleged offence but guilty of the other offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

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