Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p35
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 35/169)
Character Range: 1277485–1280188

the defendant is guilty of the alleged offence; but
 (ii) is satisfied, beyond reasonable doubt, that the defendant is guilty of another offence against this Part; and
 (b) the maximum penalty for the other offence is not greater than the maximum penalty for the alleged offence;
the trier of fact may find the defendant not guilty of the alleged offence but guilty of the other offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

313.4  Alternative verdict—mistake as to quantity of drug, plant or precursor
 (1) This section applies if:
 (a) an offence against this Part (other than Division 307) is prosecuted; and
 (b) the offence involves a commercial quantity or a marketable quantity of a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor; and
 (c) the trier of fact would, apart from this section, have found the defendant guilty of the offence.
 (2) If:
 (a) the defendant proves that, at the time of the alleged offence, he or she was under a mistaken belief about the quantity of the drug, plant or precursor; and
 (b) if the mistaken belief had been correct, the defendant would have been guilty of another offence against this Part; and
 (c) the maximum penalty for the other offence is less than the maximum penalty for the alleged offence;
the trier of fact may find the defendant:
 (d) not guilty of the alleged offence; but
 (e) guilty of the other offence.
Note: A defendant bears a legal burden in relation to the matter in paragraph (2)(a) (see section 13.4).

313.5  Alternative verdict—mistake as to identity of drug, plant or precursor
 (1) This section applies if:
 (a) an offence against this Part (other than Division 307) is prosecuted; and
 (b) the offence involves a controlled drug, controlled plant, controlled precursor, border controlled drug, border controlled plant or border controlled precursor; and
 (c) the trier of fact would, apart from this section, have found the defendant guilty of the offence.
 (2) If:
 (a) the defendant proves that, at the time of the alleged offence, he or she was under a mistaken belief about the identity of the drug, plant or precursor; and
 (b) if the mistaken belief had been correct, the defendant would have been guilty of another offence against this Part; and
 (c) the maximum penalty for the other offence is less than the maximum penalty for the alleged offence;
the trier of fact may find the defendant:
 (d) not guilty of the alleged offence; but
 (e) guilty of the other offence.
Note: A defendant bears a legal burden in relation to the matter in paragraph (2)(a) (see section