Australian Capital Territory Consolidated Acts

NATURE CONSERVATION ACT 1980 - SECT 90

    (1)     This section applies if, in a prosecution for a relevant offence, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of 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", in relation to a relevant offence, means an offence mentioned in table 90, column 3 for the offence.

"relevant offence" means an offence mentioned in table 90, column 2.

Table 90

column 1 item	column 2 relevant offence	column 3 alternative offence
1	section 86 (1) (damage, recklessly causing serious harm)	section 86 (2) (damage, negligently causing serious harm)
		section 86 (3) (damage, causing serious harm)
2	section 86 (2) (damage, negligently causing serious harm)	section 86 (3) (damage, causing serious harm)
3	section 87 (1) (damage, recklessly causing material harm)	section 87 (2) (damage, negligently causing material harm)
		section 87 (3) (damage, causing material harm)
4	section 87 (2) (damage, negligently causing material harm)	section 87 (3) (damage, causing material harm)