If, on the trial of a person for an offence under section 83E(2), (3)
or (4), the jury is not satisfied that the accused is guilty of the
offence charged but is satisfied that the accused is guilty of an offence
under section 83E(1), it may find the accused not guilty of the offence
charged but guilty of an offence under section 83E(1), and the accused is
liable to punishment accordingly.