Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if, in a prosecution for an offence against section 43 (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against section 43 (4).
(2) The trier of fact may find the defendant not guilty of the offence against section 43 (1) but guilty of the offence against section 43 (4) only if the defendant has been given procedural fairness in relation to that finding of guilt.