Australian Capital Territory Current Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 5AAB

    (1)     This section applies if, in a prosecution for an aggravated offence against section 5A, the trier of fact—

        (a)     is satisfied beyond reasonable doubt that the defendant committed an offence against section 5A; but

        (b)     is not satisfied that the defendant committed the aggravated offence.

    (2)     The trier of fact may find the defendant guilty of an offence against section 5A but not guilty of the aggravated offence charged, but only if the defendant has been given procedural fairness in relation to that finding of guilt.