427Alternative verdict for destroying property charges

427 Alternative verdict for destroying property charges

(1) Where a person is charged with committing an offence against section 197(2) or section 197(3) and the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence against section 197(1), the jury may return as their verdict that he is not guilty of the offence charged but is guilty of the offence against section 197(1).

S. 427(2) inserted by No. 48/1997
s. 58(2).

(2) If on the trial of a person charged with an offence against section 197A the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that he or she is guilty of an offence against section 197, the jury may acquit the accused of the offence charged and find him or her guilty of whichever of the offences against section 197 they are satisfied that he or she is guilty of and he or she is liable to punishment accordingly.

S. 428 amended by Nos 8425 s. 2(1)(m), 9019 s. 2(1)(Sch. item 45), repealed by No. 9576 s. 11(1), new s. 428 inserted by 10/2003 s. 7.