Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if, in a prosecution for an offence against section 26A, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against section 26 (Common assault).
(2) The trier of fact may find the defendant guilty of the offence against section 26 but only if the defendant has been given procedural fairness in relation to that finding of guilt.