Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if, in a prosecution for an offence against section 35A (2) or (3), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed another offence against section 35A 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 that finding of guilt.