Section 37O(1)(d) of the Supreme Court Act 1933 (ACT) authorises the Court of Appeal to enter a verdict of guilty of a statutory alternative offence where the conviction on the primary offence has been set aside, provided the Court is satisfied that the jury must have been satisfied beyond reasonable doubt of the elements of the alternative offence. Section 297 of the Crimes Act 1900 (ACT) does not preclude such an order or an order for a new trial on the alternative offence, as the section is a statutory expression of autrefois acquit which is not engaged until the appeal process is complete. The question whether a murder verdict necessarily implies satisfaction of the elements of manslaughter depends on the relationship between the mental elements of the two offences on the facts of the particular case.
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