Document Chunk
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Section : Alternative verdicts
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (4) If, in proceedings for an offence (the prosecuted offence ) against subsection (1), the trier of fact:
- (a) is not satisfied that the person is guilty of the prosecuted offence; and
- (b) is satisfied that the person is guilty of an offence (the alternative offence ) that is a Category 1 offence or a Category 2 offence; the trier of fact may find the person not guilty of the prosecuted offence but guilty of the alternative offence, so long as the person has been accorded procedural fairness in relation to that finding of guilt. No limitation period in relation to alternative verdicts
- (5) For the purposes of subsection (4), it does not matter whether the proceedings mentioned in that subsection were brought at a time when, or in circumstances in which, bringing proceedings for the alternative offence would have been permitted under section 232 (limitation period for prosecutions).