474.24B
In forceAlternative verdict if aggravated offence not proven
ScheduleThe Criminal Code
Volume 3sch (s 400.1-490.7, Dictionary), Endnotes
Chapter 10National infrastructure
Part 10.6Telecommunications Services
Division 474Telecommunications offences
Subdivision DOffences relating to use of carriage service for child abuse material
474.24B Alternative verdict if aggravated offence not proven
If, on a trial for an offence (the aggravated offence) against subsection 474.24A(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 474.22, 474.22A or 474.23;
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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