Document ID: chunk:federal_register_of_legislation:C2022A00030:clause:1_8:p2
Version: federal_register_of_legislation:C2022A00030
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 2/2)
Character Range: 10292–11107

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 the basic offence relating to the aggravated offence;
it may find the defendant not guilty of the aggravated offence but guilty of the basic offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions
 (5) In this section:
aggravated offence means an offence against subsection 360.2(2) or 360.3(1A).
basic offence relating to an aggravated offence means:
 (a) if the aggravated offence is an offence against subsection 360.2(2)—an offence against subsection 360.2(1); or
 (b) if the aggravated offence is an offence against subsection 360.3(1A)—an offence against subsection 360.3(1).