Commonwealth Consolidated Acts

CRIMES (TORTURE) ACT 1988 - SECT 9

             (1)  Where a person is charged with an offence against this Act, then, for the purposes of:

                     (a)  determining whether a court of a State or Territory has jurisdiction in relation to the offence;

                     (b)  an exercise of jurisdiction by such a court in relation to the offence;

                     (c)  a proceeding connected with such an exercise of jurisdiction; and

                     (d)  an appeal arising out of, or out of a proceeding connected with, such an exercise of jurisdiction;

this Act has effect, in relation to an act that is, or is alleged to be, the offence, as if a reference in subsection 6(1) or section 10 to a part of Australia were a reference to that State or Territory.

             (2)  Where:

                     (a)  it is sought in a proceeding for an offence against this Act to establish for the purposes of subsection 6(2) that a particular defence could have been established in a proceeding (in this subsection called the "other proceeding") for an offence; and

                     (b)  in the other proceeding, the onus of establishing the defence would have been on the accused;

then, in the first‑mentioned proceeding, the onus of establishing that the defence could have been established in the other proceeding lies on the accused.

10 Alternative verdicts

             (1)  Where:

                     (a)  a person is charged with an offence against this Act;

                     (b)  the offence is alleged to be an act that, under the law in force in a part of Australia at the time (in this subsection called the "relevant time") when the act was alleged to have been done, would have constituted an offence of a particular kind if it had been done in that part of Australia at the relevant time;

                     (c)  on the person's trial for the offence, the jury:

                              (i)  is not satisfied that the person is guilty of the offence charged; and

                             (ii)  is satisfied that the person is guilty of a different offence against this Act (in this section called the "alternative offence") because the person has done an act that, under the law in force in that part of Australia at the relevant time, would, if it had been done in that part of Australia at that time, have constituted an offence (in this section called the "local offence found to have been proved") of a kind different from the kind of offence referred to in paragraph (b); and

                     (d)  by virtue of the law in force in that part of Australia at the relevant time or at the time of the trial, a person charged with an offence of the kind referred to in paragraph (b) could in certain circumstances be found not guilty of the last‑mentioned offence but guilty of an offence of the kind referred to in subparagraph (c)(ii);

the jury may find the person not guilty of the offence charged but guilty of the alternative offence.

             (2)  If the jury finds the person guilty of an offence under this Act in the circumstances referred to in subsection (1), it shall, when returning its verdict, tell the judge that it is satisfied as mentioned in subparagraph (1)(c)(ii) and specify to the judge the kind of local offence found to have been proved.