Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 72AB, the trier of fact—
(a) is not satisfied that the defendant committed the aggravated offence; but
(b) is satisfied beyond reasonable doubt that the defendant committed an offence mentioned in column 3 of the item (the alternative offence ).
(2) The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.
Table 72AB
|
column 1 item |
column 2 |
column 3 |
|---|---|---|
| 1 | section 51 (Sexual assault in the first degree), aggravated offence | • section 19 (Intentionally inflicting grievous bodily harm), aggravated offence • section 19, simple offence • section 20 (Recklessly inflicting grievous bodily harm), aggravated offence • section 20, simple offence • section 25 (Causing grievous bodily harm) • section 51, simple offence • section 52 (Sexual assault in the second degree), aggravated offence • section 52, simple offence • section 53 (Sexual assault in the third degree), aggravated offence • section 53, simple offence • section 54 (Sexual intercourse without consent), aggravated offence • section 54, simple offence |
| 2 | section 52 (Sexual assault in the second degree), aggravated offence | • section 24 (Assault occasioning actual bodily harm), aggravated offence • section 24, simple offence • section 52, simple offence • section 53 (Sexual assault in the third degree), aggravated offence • section 53, simple offence • section 54 (Sexual intercourse without consent), aggravated offence • section 54, simple offence |
| 3 | section 53 (Sexual assault in the third degree), aggravated offence | • section 53, simple offence • section 54 (Sexual intercourse without consent), aggravated offence • section 54, simple offence |
| 4 | section 54 (Sexual intercourse without consent), aggravated offence | • section 54, simple offence |
| 5 | section 55 (Sexual intercourse with young person), aggravated offence | • section 55, simple offence |
6 | section 57 (Act of indecency in the first degree), aggravated offence |
• section 19 (Intentionally inflicting grievous bodily harm), aggravated offence • section 19, simple offence • section 20 (Recklessly inflicting grievous bodily harm), aggravated offence • section 20, simple offence • section 25 (Causing grievous bodily harm) • section 57, simple offence • section 58 (Act of indecency in the second degree), aggravated offence • section 58, simple offence |
| 7 | section 58 (Act of indecency in the second degree), aggravated offence | • section 24 (Assault occasioning actual bodily harm), aggravated offence • section 24, simple offence • section 58, simple offence |
| 8 | section 59 (Act of indecency in the third degree), aggravated offence | • section 59, simple offence |
| 9 | section 60 (Act of indecency without consent), aggravated offence | • section 60, simple offence |
10 | section 61 (Acts of indecency with young people), aggravated offence |
• section 61, simple offence |
| 11 | section 61B (1) (Intimate observations or capturing visual data etc), aggravated offence | • section 61B (1), simple offence |
| 12 | section 61B (5) (Intimate observations or capturing visual data etc), aggravated offence | • section 61B (5), simple offence |
| 13 | section 63 (Abduction), aggravated offence | • section 63, simple offence |
| 14 | section 64 (Using child for production of child exploitation material etc), aggravated offence |
• section 64, simple offence |
| 15 | section 64A (Trading in child exploitation material), aggravated offence | • section 64A, simple offence |
| 16 | section 65 (Possessing child exploitation material), aggravated offence |
• section 65, simple offence |
| 17 | section 66 (Grooming and depraving young people), aggravated offence | • section 66, simple offence |
| 18 |
section 66AB (Making false report about child sexual offence), aggravated offence | • section 66AB, simple offence |