Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 240

    (1)     This section applies if, in a prosecution for a relevant offence, the trier of fact—

        (a)     is not satisfied beyond reasonable doubt that the defendant is guilty of the relevant offence; but

        (b)     is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence.

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

    (3)     In this section:

"alternative offence", for a relevant offence, means an offence mentioned in table 240, column 3, for the offence.

"relevant offence" means an offence mentioned in table 240, column 2.

Table 240     Alternative verdicts for offences—pt 9.4

column 1 item	column 2 relevant offence	column 3 alternative offence
1	s 236 (1) (knowingly clear vegetation—serious harm)	s 236 (2) (recklessly clear vegetation—serious harm) s 236 (3) (negligently clear vegetation—serious harm)
2	s 236 (2) (recklessly clear vegetation—serious harm)	s 236 (3) (negligently clear vegetation—serious harm)
3	s 237 (1) (knowingly clear vegetation—material harm)	s 237 (2) (recklessly clear vegetation—material harm) s 237 (3) (negligently clear vegetation—material harm)
4	s 237 (2) (recklessly clear vegetation—material harm)	s 237 (3) (negligently clear vegetation—material harm)