Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_29:p2
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 29 (pt 2/2)
Character Range: 80136–81008

in relation to the child, or the child is otherwise under the care, supervision or authority of the person.
Penalty: Imprisonment for 25 years.
 (2) To avoid doubt, a person does not commit the offence against subsection 474.25A(1 or (2) for the purposes of paragraph (1)(a) if the person has a defence to that offence.

Alternative verdicts
 (3) If, on a trial for an offence (the aggravated offence) against subsection (1), the trier of fact:
 (a) is not satisfied that the defendant is guilty of the aggravated offence; but
 (b) is satisfied beyond reasonable doubt that he or she is guilty of an offence (the underlying offence) against subsection 474.25A(1) or (2);
it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.