Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 272 - Child sex offences outside Australia  

Subdivision E - Other rules about conduct of trials  

SECTION 272.28   272.28   Alternative verdicts  
If, on a trial for an offence (the column 1 offence ) against a provision referred to in column 1 of an item in the following table, the trier of fact:


(a) is not satisfied that the defendant is guilty of the column 1 offence; but


(b) is satisfied beyond reasonable doubt that he or she is guilty of an offence (the column 2 offence ) against a provision referred to in column 2 of that item;

it may find the defendant not guilty of the column 1 offence but guilty of the column 2 offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.


Alternative verdicts
Item Column 1 Column 2
1 subsection 272.8(1) subsection 272.9(1)
2 subsection 272.8(2) subsection 272.9(2)
3 subsection 272.9(1) subsection 272.8(1)
4 subsection 272.9(2) subsection 272.8(2)
5 subsection 272.10(1) subsection 272.8(1), 272.8(2), 272.9(1) or 272.9(2)
6 subsection 272.11(1) subsection 272.8(1), 272.8(2), 272.9(1), 272.9(2) or 272.10(1)
7 subsection 272.12(1) subsection 272.13(1)
8 subsection 272.12(2) subsection 272.13(2)
9 subsection 272.13(1) subsection 272.12(1)
10 subsection 272.13(2) subsection 272.12(2)




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