s 471.23
In forceAlternative verdict if aggravated offence not proven
Volume 3sch (s 400.1-490.7, Dictionary), Endnotes
Chapter 10National infrastructure
Part 10.5Postal services
Division 471Postal offences
Subdivision BOffences relating to use of postal or similar service for child abuse material
471.23 Alternative verdict if aggravated offence not proven
If, on a trial for an offence (the aggravated offence) against subsection 471.22(1), the trier of fact:
(a)
is not satisfied that the defendant is guilty of the aggravated offence; but
(b)
is satisfied beyond reasonable doubt that he or she is guilty of an offence (the underlying offence) against section 471.19 or 471.20;
it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
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