Commonwealth Consolidated Acts

WAR CRIMES ACT 1945 - SECT 18

(1)

This section has effect where:

(a)

a person (in this section called the accused ) is charged with an offence (in this section called the offence charged ) against this Act;

(b)

the offence charged is alleged to be an act that, under the law in force in a part of Australia at the time of the act, was, or would have been had it been done in that part at that time, an offence of a particular kind;

(c)

on the accused's trial for the offence charged, the jury:

(i)

is not satisfied that the accused is guilty of the offence charged but is satisfied that he or she is guilty of a different offence (in this section called the alternative offence ) against this Act; and

(ii)

is satisfied that the alternative offence is an act that, under the law in force in that part at the time of the last-mentioned act, was, or would have been had it been done in that part at the last-mentioned time, an offence of another kind, being an offence referred to in a paragraph of subsection 6(1); and

(d)

by virtue of the law in force in that part at the time referred to in paragraph (b) 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).

(2)

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

(3)

If the jury does so, 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 offence referred to in that subparagraph.