Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 636A

    (1)     This section applies if, in a prosecution for an offence against section 603 (Trafficking in controlled drug), the trier of fact—

        (a)     is not satisfied beyond reasonable doubt that the defendant committed the offence; but

        (b)     is satisfied beyond reasonable doubt that the defendant committed an 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.

    (3)     In this section:

"alternative offence" means an offence against—

        (a)     the Drugs of Dependence Act 1989

, section 169 (Possessing drugs of dependence); or

        (b)     that Act

, section 171 (Possessing prohibited substances); or

        (c)     that Act

, section 171AA; or

        (d)     the Medicines, Poisons and Therapeutic Goods Act 2008

, section 36 (Possessing certain declared substances).