Alternative verdicts
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:
is not satisfied that the defendant is guilty of the column 1 offence; but
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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