Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 72EB

    (1)     This section applies if, in a prosecution for an aggravated offence mentioned in column 2 of an item in table 72EB, 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 the finding of guilt.

Table 72EB

column 1 item	column 2 aggravated offence	column 3 alternative offences
1	section 72C (Non-consensual distribution of intimate images), aggravated offence	•     section 72C, simple offence
2	section 72D (Distribution of intimate image of young person), aggravated offence	•     section 72D, simple offence
3	section 72E (Threaten to capture or distribute intimate images), aggravated offence	•     section 72E, simple offence