Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 273 - Offences involving child pornography material or child abuse material outside Australia  

Subdivision B - Offences committed overseas involving child pornography material or child abuse material  

SECTION 273.8   273.8   Alternative verdict if aggravated offence not proven  
If, on a trial for an offence (the aggravated offence ) against subsection 273.7(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 against section 273.5 or 273.6 ;

it may find the defendant not guilty of the aggravated offence but guilty of the offence against section 273.5 or 273.6 , so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.




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