Criminal Code
635Alternative verdicts—different quantities
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635 Alternative verdicts—different quantities chapter that involves conduct relating to a trafficable, commercial or large commercial quantity of a controlled drug, precursor or plant, the trier of fact— (a) is not satisfied that the defendant committed the offence charged; but (b) is satisfied beyond reasonable doubt that the defendant committed an offence against this chapter, the Drugs of Therapeutic Goods Act 2008, chapter 4 involving a lesser quantity of a controlled drug, precursor or plant than the quantity required to establish the offence charged (a lesser offence). charged but guilty of the lesser offence, but only if the defendant has been given procedural fairness in relation to that finding of guilt.