Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if, in a prosecution for an offence against this chapter that involves conduct relating to a trafficable, commercial or large commercial quantity of a controlled drug, precursor or plant, the trier of fact—
(a) is not satisfied that the defendant committed the offence charged; but
(b) is satisfied beyond reasonable doubt that the defendant committed an offence against this chapter, the Drugs of Dependence Act 1989
, part 10 or the Medicines, Poisons and Therapeutic Goods Act 2008
, chapter 4 involving a lesser quantity of a controlled drug, precursor or plant than the quantity required to establish the offence charged (a lesser offence ).
(2) The trier of fact may find the defendant not guilty of the offence charged but guilty of the lesser offence, but only if the defendant has been given procedural fairness in relation to that finding of guilt.