Alternative verdicts
82.12 Alternative verdicts
If, on a trial of a person for an offence specified in column 1 of an item in the following table, the trier of fact:
is not satisfied that the person is guilty of that offence; and
is satisfied beyond reasonable doubt that the person is guilty of an offence against a provision specified in column 2 of that item;
it may find the person not guilty of the offence specified in column 1 but guilty of an offence specified in column 2.
Alternative verdicts | ||
|---|---|---|
Item | Column 1 | Column 2 |
1 | section 82.3 (sabotage involving foreign principal with intention as to national security) | any of the following: (a) section 82.4 (sabotage involving foreign principal reckless as to national security); (b) section 82.5 (sabotage with intention as to national security); (c) section 82.6 (sabotage reckless as to national security) |
2 | section 82.4 (sabotage involving foreign principal reckless as to national security) | section 82.6 (sabotage reckless as to national security) |
3 | section 82.5 (sabotage with intention as to national security) | section 82.6 (sabotage reckless as to national security) |
4 | section 82.7 (introducing vulnerability with intention as to national security) | section 82.8 (introducing vulnerability reckless as to national security) |
Subsection (1) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the offence specified in column 2.
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