Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.1 - Treason and related offences
View history note
Hide history noteIf, on a trial of a person for an offence specified in column 1 of an item in the following table, the trier of fact:
(a) is not satisfied that the person is guilty of that offence; and
(b) 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 For an offence against: | Column 2 The alternative verdict is an offence against: |
| 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) |
(2)
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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