Australian Capital Territory Current Acts

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Alternative verdicts—theft and taking motor vehicle without consent

    (1)     This section applies if, in a prosecution for theft, the trier of fact is not satisfied that the defendant committed theft but is satisfied beyond reasonable doubt that the defendant committed an offence against section 318 (Taking etc motor vehicle without consent).

    (2)     The trier of fact may find the defendant guilty of the offence against section 318, but only if the defendant has been given procedural fairness in relation to that finding of guilt.

    (3)     In this section:

"theft" does not include an offence against section 321 (Minor theft).

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