Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_20
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 72886–74070

20  At the end of Division 93 of the Criminal Code
Add:

93.4  Fault elements for attempted espionage offences

  Despite subsection 11.1(3), the fault element, in relation to each physical element of an offence of attempting to commit an offence against a provision of:
 (a) Subdivision A of Division 91 (espionage); or
 (b) Subdivision B of Division 91(espionage on behalf of foreign principal);
is the fault element in relation to that physical element of the offence against the provision of Subdivision A or B of Division 91.

93.5  Alternative verdicts

 (1) If, on a trial of a person for an offence specified in column 1 of an item in the following table, the trier of fact:
 (a) is not satisfied that the person is guilty of that offence; and
 (b) is satisfied beyond reasonable doubt that the person is guilty of an offence against a provision specified in column 2 of that item;
it may find the person not guilty of the offence specified in column 1 but guilty of the offence specified in column 2.

Alternative verdicts
Item                  Column 1                 Column 2
                      For an offence against:  The alternative verdict is an offence against: