Alternative verdicts
93.5 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 the offence specified in column 2.
Alternative verdicts | ||
|---|---|---|
Item | Column 1 | Column 2 |
1 | subsection 91.1(1) | subsection 91.1(2) |
2 | subsection 91.2(1) | subsection 91.2(2) |
3 | subsection 91.6(1) | the underlying offence mentioned in paragraph 91.6(1)(a) |
4 | subsection 91.8(1) | subsection 91.8(2) |
5 | subsection 92.2(1) | subsection 92.3(1) |
6 | subsection 92.2(2) | subsection 92.3(2) |
7 | section 92.7 | section 92.8 |
8 | section 92.9 | section 92.10 |
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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