Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.5 - Identity crime  

Division 372 - Identity fraud offences  

SECTION 372.5   Alternative verdict  

(1)    

This section applies if, in a prosecution for an offence against section 372.1 or subsection 372.1A(1) or (3) , the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against section 372.2 .

(2)    

The trier of fact may find the defendant not guilty of the offence against section 372.1 or subsection 372.1A(1) or (3) (as the case requires) but guilty of the offence against section 372.2 , so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.