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CRIMES ACT 1900 - SECT 70 Alternative verdicts for certain sexual offences

CRIMES ACT 1900 - SECT 70

Alternative verdicts for certain sexual offences

    (1)     If, on the trial of a person for an offence against section 51 (1) or (3) or 57, the jury is satisfied that the accused inflicted actual bodily harm with the intent charged but is not satisfied that the harm was grievous bodily harm, it may find the accused not guilty of the offence charged but guilty of an offence against section 52 (1) or (3) or 58, as the case requires.

    (2)     If, on the trial of a person for an offence against section 51 (3), 52 (3), 53 (3), 54 (3) or 60 (3), the jury is not satisfied that the accused is guilty of that offence but is satisfied that the accused is guilty of an offence against section 51 (1), 52 (1), 53 (1), 54 (1) or 60 (1), it may find the accused not guilty of the offence charged but guilty of an offence against section 51 (1), 52 (1), 53 (1), 54 (1) or 60 (1), as the case requires.

    (3)     If, on the trial of a person for an offence against section 51  (1) or (3) or 57, the jury is satisfied that the accused inflicted grievous bodily harm but is not satisfied that he or she did so with the intent charged, it may find the accused not guilty of the offence charged but guilty of an offence against section 19, 20 or 25.

    (4)     If, on the trial of a person for an offence against section 52  (1) or (3) or 58, the jury is satisfied that the accused inflicted actual bodily harm but is not satisfied that he or she did so with the intent charged, it may find the accused not guilty of the offence charged but guilty of an offence against section 24.

    (5)     If, on the trial of a person for an offence against section 55  (1), 61 (1) or 62 (1), the jury—

        (a)     is not satisfied that the person in relation to whom the offence is alleged to have been committed was under 10 years of age when the offence is alleged to have been committed; but

        (b)     is satisfied that the accused is guilty of an offence against section 55 (3), 61 (3) or 62 (2), respectively;

the jury may find the accused not guilty of the offence charged but guilty of an offence against section 55 (3), 61 (3) or 62 (2), respectively.

    (6)     If, on the trial of a person for an offence against section 55A (1), the jury is not satisfied that the accused is guilty of the offence but is satisfied that the accused is guilty of an offence against section 61A (1), the jury may find the accused not guilty of the offence charged but guilty of an offence against section 61A (1).