CRIMINAL CODE 2002 - SECT 728 Alternative verdicts—perverting the course of justice and publication that could cause
CRIMINAL CODE 2002 - SECT 728
Alternative verdicts—perverting the course of justice and publication that could cause miscarriage of justice(1) This section applies if, in a prosecution for an offence against section 714 (Publication that could cause miscarriage of justice), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against section 713 (Perverting the course of justice).
(2) The trier of fact may
find the defendant guilty of the offence against section 713, but only if the
defendant has been given procedural fairness in relation to that finding of
guilt.