Where an accused is charged with an indictable offence that carries an alternative verdict under s 578(1) of the Criminal Code, the accused is exposed to liability for the alternative offence from the date of the original charge, even if the alternative offence is subsequently repealed before a specific charge for that offence is laid. Section 20(2) of the Acts Interpretation Act preserves both the liability to conviction and the penalty. The decriminalisation of conduct is a relevant sentencing factor but does not preclude the imposition of a term of imprisonment where the offending involved exploitation of a young person.
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