102.10
In forceAlternative verdicts
ScheduleThe Criminal Code
Volume 1s 1-5, sch (s 1.1-261.3)
Chapter 5The security of the Commonwealth
Part 5.3Terrorism
Division 102Terrorist organisations
Subdivision CGeneral provisions relating to offences
102.10 Alternative verdicts
(1)
This section applies if, in a prosecution for an offence (the prosecuted offence) against a subsection of a section of this Division, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of that section.
(2)
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
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