Victorian Current Acts

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Alternative charges of theft and handling stolen goods


S. 88A(a) amended by No. 68/2009 s. 97(Sch. item 40.7).

        (a)     a charge for an offence of theft under section 74 and a charge for an offence of handling stolen goods under section 88 are joined in the same indictment as alternative charges and tried together; and

        (b)     the jury are satisfied beyond reasonable doubt that the accused is either guilty of theft or guilty of handling stolen goods but are unable to agree on which offence the accused should be found guilty of—

the jury must acquit the accused of handling stolen goods and find the accused guilty of theft and the accused is liable to punishment accordingly.

S. 89 amended by No. 8181 s. 2(1)(Sch. item 33), substituted by No. 8425 s. 2(1)(b), amended by Nos 9554 s. 2(2)(Sch. 2 item 52), 49/1991 s. 119(1)
(Sch. 2 item 47), 69/1997
s. 22(5).

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