New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 25

25 Alternative verdicts for lesser offences

(1) Alternative verdict for lesser offence in prosecution for middle range prescribed concentration of alcohol If, on a prosecution of a person for an offence under section 24 (4), the court is satisfied that, at the time the person operated the vessel, there was not present in the person’s breath or blood the middle range prescribed concentration of alcohol but there was present in the person’s breath or blood the low range prescribed concentration of alcohol, the court may convict the person of an offence under section 24 (3).

(2) Alternative verdict for lesser offence in prosecution for high range prescribed concentration of alcohol If, on a prosecution of a person for an offence under section 24 (5), the court is satisfied that, at the time the person operated the vessel, there was not present in the person’s breath or blood the high range prescribed concentration of alcohol:

(a) if the court is satisfied that the middle range prescribed concentration of alcohol was present in the person’s breath or blood-the court may convict the person of an offence under section 24 (4), or

(b) if the court is satisfied that the low range prescribed concentration of alcohol was present in the person’s breath or blood-the court may convict the person of an offence under section 24 (3).

(3) Alternative verdict for lesser offence in prosecution of special category persons If, on a prosecution of a person for an offence under section 24 (3), (4) or (5), the court is satisfied that, at the time the person operated the vessel:

(a) the person was under 18 years of age or the person was operating the vessel for commercial purposes, and

(b) there was not present in the person’s breath or blood the high range prescribed concentration of alcohol, the middle range prescribed concentration of alcohol or the low range prescribed concentration of alcohol, but that there was present in the person’s breath or blood the special range prescribed concentration of alcohol,

the court may convict the person of an offence under section 24 (2).

(4) Alternative verdict for lesser offence in prosecution of persons under 18 If, on a prosecution of a person for an offence under section 24 (2), (3), (4) or (5), the court is satisfied that, at the time the person was operating the vessel:

(a) the person was under 18 years of age, and

(b) there was not present in the person’s breath or blood the high range prescribed concentration of alcohol, the middle range prescribed concentration of alcohol, the low range prescribed concentration of alcohol or the special range prescribed concentration of alcohol, but that there was present in the person’s breath or blood the youth range prescribed concentration of alcohol,

the court may convict the person of an offence under section 24 (1).