CRIMINAL CODE 2002 - SECT 636 Alternative verdicts—trafficking and obtaining property by

CRIMINAL CODE 2002 - SECT 636

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

        (a)     the trier of fact is satisfied beyond reasonable doubt that the defendant committed the offence charged or an offence against section 326 (Obtaining property by deception) but cannot decide which of the offences the defendant committed; or

        (b)     the trier of fact is not satisfied beyond reasonable doubt that the defendant committed the offence charged but is satisfied beyond reasonable doubt that the defendant committed an offence against section 326.

Note     A reference to an offence against a territory law includes a reference to a related ancillary offence (see Legislation Act

, s 189).

    (2)     The trier of fact must find the defendant guilty of the offence against section 326, but only if the defendant has been given procedural fairness in relation to that finding of guilt.