373Verdict of ‘theft or receiving’ etc

373 Verdict of ‘theft or receiving’ etc (1) If, on the trial of a defendant charged with theft and receiving in relation to the same property, the trier of fact is satisfied beyond reasonable doubt that the defendant committed theft or receiving but cannot decide which of the offences the defendant committed, the trier of fact must find the defendant guilty of— (a) the offence that is more probable; or (b) if the trier of fact cannot decide which of the offences is more probable—theft. (2) If, on the trial of a defendant charged with obtaining property by deception and receiving in relation to the same property, the trier of fact is satisfied beyond reasonable doubt that the defendant committed obtaining property by deception or receiving but cannot decide which of the offences the defendant committed, the trier of fact must find the defendant guilty of— (a) the offence that is more probable; or (b) if the trier of fact cannot decide which of the offences is more probable—obtaining property by deception.