South Australian Current Acts South Australian Current Acts (1) If at the trial of
a person for murder or manslaughter the jury is not satisfied that the accused
is guilty of the offence charged but is satisfied that the accused is guilty
of the offence constituted by section 19A(1) or (3) or
section 19ABA(1) or (2), the jury may bring in a verdict that the accused
is guilty of that offence.
(2) The following
offences (which are listed in order of seriousness) are offences to which
subsection (3) applies:
(a) the
offence constituted by section 19A(1);
(b) the
offence constituted by section 19A(3);
(baa)
the offence constituted by section 19ABA(1);
(bab)
the offence constituted by section 19ABA(2);
(ba) the
offence constituted by section 19ADA(1);
(c) the
offence constituted by section 46 of the Road Traffic Act 1961 or
section 69A of the Harbors and Navigation Act 1993 ;
(d) the
offence constituted by section 45 of the Road Traffic Act 1961 or
section 69 of the Harbors and Navigation Act 1993 .
(3) If at the trial of
a person for an offence to which this subsection applies (being an offence
mentioned in subsection (2)(a), (b), (baa), (bab) or (ba)) the jury is
not satisfied that the accused is guilty of the offence charged but is
satisfied that the accused is guilty of a less serious offence to which this
subsection applies, the jury may bring in a verdict that the accused is guilty
of that less serious offence.
(4) If at the trial of
a person for an offence against section 19A(1) or (3) that is alleged to
be an aggravated offence committed in the course of attempting to escape
pursuit by a police officer, the jury is not satisfied that the accused is
guilty of the aggravated offence charged but is satisfied that the accused is
guilty of an offence against section 19AC(1), the jury may bring in a
verdict that the accused is guilty of an offence against section 19AC(1).
(4a) If at the trial
of a person for an offence against section 19A(1) or (3) that is
alleged to be an aggravated offence committed whilst the person was driving a
motor vehicle in a street race, the jury is not satisfied that the accused is
guilty of the aggravated offence charged but is satisfied that the accused is
guilty of an offence against section 19AD, the jury may bring in a
verdict that the accused is guilty of an offence against section 19AD.
(5) If at the trial of
a person for an offence against section 19AC(1), the jury is not
satisfied that the accused is guilty of the offence charged but is satisfied
that the accused is guilty of—
(a) an
offence against section 46 of the Road Traffic Act 1961 ; or
(b) an
offence against section 45 of the Road Traffic Act 1961 ,
the jury may bring in a verdict that the accused is guilty of the relevant
offence against the Road Traffic Act 1961 .