Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision C - 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) ;

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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