Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 239

Alternative verdicts on charges other than treason or murder

239. Alternative verdicts on charges other than treason or murder



(1) On a trial on indictment for an offence other than treason or murder, if
the jury finds the accused not guilty of the offence charged but the
allegations in the indictment amount to or include, whether expressly or
impliedly, an allegation of another offence that is within the jurisdiction of
the court, the jury may find the accused guilty of that other offence.

(2) For the purposes of subsection (1), an allegation of an offence includes
an allegation of an attempt to commit the offence.