Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 123

    (1)     This section applies if, in a prosecution for an offence against this division, the trier of fact—

        (a)     is not satisfied that the defendant committed the offence; but

        (b)     is satisfied beyond reasonable doubt that the defendant committed another offence against this division carrying a lesser penalty than the offence charged.

    (2)     The trier of fact may find the defendant guilty of the other offence but only if the defendant has been given procedural fairness in relation to the finding of guilt.