Criminal Code
371Alternative verdicts—theft or obtaining property by
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371 Alternative verdicts—theft or obtaining property by deception and receiving (1) If, in a prosecution for theft or obtaining property by deception, the an offence of receiving, the trier of fact may find the defendant guilty of receiving, but only if the defendant has been given procedural
(2) If, in a prosecution for an offence of receiving, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed theft or obtaining property by deception, the trier of fact may find the defendant guilty of theft or obtaining property by deception, but only if the defendant has been given procedural fairness in relation to that