s 313.3
In forceAlternative verdict—offence not proved
Volume 2sch (s 268.1-395.50)
Chapter 9Dangers to the community
Part 9.1Serious drug offences
Division 313Defences and alternative verdicts
313.3 Alternative verdict—offence not proved
If:
(a)
in a prosecution for an offence against this Part, the trier of fact:
(i)
is not satisfied that the defendant is guilty of the alleged offence; but
(ii)
is satisfied, beyond reasonable doubt, that the defendant is guilty of another offence against this Part; and
(b)
the maximum penalty for the other offence is not greater than the maximum penalty for the alleged offence;
the trier of fact may find the defendant not guilty of the alleged offence but guilty of the other offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
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