South Australian Consolidated Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 19B

19B—Alternative verdicts

        (1)         If at the trial of a person for murder or manslaughter the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of the offence constituted by section 19A(1) or (3), the jury may bring in a verdict that the accused is guilty of that offence.

        (2)         The following offences (which are listed in order of seriousness) are offences to which subsection (3) applies:

            (a)         the offence constituted by section 19A(1);

            (b)         the offence constituted by section 19A(3);

            (c)         the offence constituted by section 46 of the Road Traffic Act 1961 or section 69A of the Harbors and Navigation Act 1993 ;

            (d)         the offence constituted by section 45 of the Road Traffic Act 1961 or section 69 of the Harbors and Navigation Act 1993 .

        (3)         If at the trial of a person for an offence to which this subsection applies (being an offence mentioned in subsection (2)(a) or (b)) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of a less serious offence to which this subsection applies, the jury may bring in a verdict that the accused is guilty of that less serious offence.

        (4)         If at the trial of a person for an offence against section 19A(1) or (3) that is alleged to be an aggravated offence committed in the course of attempting to escape pursuit by a police officer, the jury is not satisfied that the accused is guilty of the aggravated offence charged but is satisfied that the accused is guilty of an offence against section 19AC(1), the jury may bring in a verdict that the accused is guilty of an offence against section 19AC(1).

        (5)         If at the trial of a person for an offence against section 19AC(1), the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of—

            (a)         an offence against section 46 of the Road Traffic Act 1961 ; or

            (b)         an offence against section 45 of the Road Traffic Act 1961 ,

the jury may bring in a verdict that the accused is guilty of the relevant offence against the Road Traffic Act 1961 .