Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 249

    (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 249, column 3, for the offence.

"relevant offence" means an offence mentioned in table 249, column 2.

Table 249     Alternative verdicts for offences—pt 9.5

column 1 item	column 2 relevant offence	column 3 alternative offence
1	s 245 (1) (knowingly damage land—serious harm)	s 245 (2) (recklessly damage land—serious harm) s 245 (3) (negligently damage land—serious harm)
2	s 245 (2) (recklessly damage land—serious harm)	s 245 (3) (negligently damage land—serious harm)
3	s 246 (1) (knowingly damage land—material harm)	s 246 (2) (recklessly damage land—material harm) s 246 (3) (negligently damage land—material harm)
4	s 246 (2) (recklessly damage land—material harm)	s 246 (3) (negligently damage land—material harm)