Victorian Consolidated Legislation

Crimes Act 1958 - SECT 88A

Alternative counts of theft and handling stolen goods

88A. Alternative counts of theft and handling stolen goods

If-

   (a)  a charge for an offence of theft under section 74 and a charge for an
        offence of handling stolen goods under section 88 are joined in the
        same presentment as alternative counts and tried together; and

   (b)  the jury are satisfied beyond reasonable doubt that the accused is
        either guilty of theft or guilty of handling stolen goods but are
        unable to agree on which offence the accused should be found guilty
        of-

the jury must acquit the accused of handling stolen goods and find the accused
guilty of theft and the accused is liable to punishment accordingly.