Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 82 - Sabotage  

Subdivision B - Offences  

SECTION 82.12   Alternative verdicts  

(1)  
If, on a trial of a person for an offence specified in column 1 of an item in the following table, the trier of fact:


(a) is not satisfied that the person is guilty of that offence; and


(b) is satisfied beyond reasonable doubt that the person is guilty of an offence against a provision specified in column 2 of that item;

it may find the person not guilty of the offence specified in column 1 but guilty of an offence specified in column 2.


Alternative verdicts
Item Column 1 For an offence against: Column 2 The alternative verdict is an offence against:
1 section 82.3 (sabotage involving foreign principal with intention as to national security) any of the following:
(a) section 82.4 (sabotage involving foreign principal reckless as to national security);
(b) section 82.5 (sabotage with intention as to national security);
(c) section 82.6 (sabotage reckless as to national security)
2 section 82.4 (sabotage involving foreign principal reckless as to national security) section 82.6 (sabotage reckless as to national security)
3 section 82.5 (sabotage with intention as to national security) section 82.6 (sabotage reckless as to national security)
4 section 82.7 (introducing vulnerability with intention as to national security) section 82.8 (introducing vulnerability reckless as to national security)

(2)  
Subsection (1) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the offence specified in column 2.




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