Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 373

    (1)     If, on the trial of a defendant charged with theft and receiving in relation to the same property, the trier of fact is satisfied beyond reasonable doubt that the defendant committed theft or receiving but cannot decide which of the offences the defendant committed, the trier of fact must find the defendant guilty of—

        (a)     the offence that is more probable; or

        (b)     if the trier of fact cannot decide which of the offences is more probable—theft.

    (2)     If, on the trial of a defendant charged with obtaining property by deception and receiving in relation to the same property, the trier of fact is satisfied beyond reasonable doubt that the defendant committed obtaining property by deception or receiving but cannot decide which of the offences the defendant committed, the trier of fact must find the defendant guilty of—

        (a)     the offence that is more probable; or

        (b)     if the trier of fact cannot decide which of the offences is more probable—obtaining property by deception.

    (3)     In this section:

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