Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.2 - Espionage and related offences  

Division 93 - Prosecutions and hearings  

SECTION 93.5   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 the offence specified in column 2.


Alternative verdicts
Item Column 1 For an offence against: Column 2 The alternative verdict is an offence against:
1 subsection 91.1(1) subsection 91.1(2)
2 subsection 91.2(1) subsection 91.2(2)
3 subsection 91.6(1) the underlying offence mentioned in paragraph 91.6(1)(a)
4 subsection 91.8(1) subsection 91.8(2)
5 subsection 92.2(1) subsection 92.3(1)
6 subsection 92.2(2) subsection 92.3(2)
7 section 92.7 section 92.8
8 section 92.9 section 92.10

(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.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.