Criminal Code Act 1995
Schedule
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The Criminal Code
Subdivision B
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Offences committed overseas involving child abuse material
SECTION 273.8
273.8
Alternative verdict if aggravated offence not proven
If, on a trial for an offence (the aggravated offence ) against subsection 273.7(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 against section 273.6 ;
Section 3
CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES Division 273 - Offences involving child abuse material outside Australia
View history note
Hide history noteIf, on a trial for an offence (the aggravated offence ) against subsection 273.7(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 against section 273.6 ;
it may find the defendant not guilty of the aggravated offence but guilty of the offence against section 273.6 , so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
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