Criminal Code Act 1995
Section 3
CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES Division 272 - Child sex offences outside Australia
View history note
Hide history noteIf, on a trial for an offence (the column 1 offence ) against a provision referred to in column 1 of an item in the following table, the trier of fact:
(a) is not satisfied that the defendant is guilty of the column 1 offence; but
(b) is satisfied beyond reasonable doubt that he or she is guilty of an offence (the column 2 offence ) against a provision referred to in column 2 of that item;
it may find the defendant not guilty of the column 1 offence but guilty of the column 2 offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
| Alternative verdicts | ||
| Item | Column 1 | Column 2 |
| 1 | subsection 272.8(1) | subsection 272.9(1) |
| 2 | subsection 272.8(2) | subsection 272.9(2) |
| 3 | subsection 272.9(1) | subsection 272.8(1) |
| 4 | subsection 272.9(2) | subsection 272.8(2) |
| 5 | subsection 272.10(1) | subsection 272.8(1), 272.8(2), 272.9(1) or 272.9(2) |
| 6 | subsection 272.11(1) | subsection 272.8(1), 272.8(2), 272.9(1), 272.9(2) or 272.10(1) |
| 7 | subsection 272.12(1) | subsection 272.13(1) |
| 8 | subsection 272.12(2) | subsection 272.13(2) |
| 9 | subsection 272.13(1) | subsection 272.12(1) |
| 10 | subsection 272.13(2) | subsection 272.12(2) |
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