Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 10.5 - Postal services  

Division 471 - Postal offences  

Subdivision B - Offences relating to use of postal or similar service for child pornography material or child abuse material  

SECTION 471.23   471.23   Alternative verdict if aggravated offence not proven  

If, on a trial for an offence (the aggravated offence ) against subsection 471.22(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 he or she is guilty of an offence (the underlying offence ) against section 471.16 , 471.17 , 471.19 or 471.20 ;

it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

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