35Alternative verdicts—s 33 conduct causing death or

35 Alternative verdicts—s 33 conduct causing death or serious injury (1) This section applies if, in a prosecution for an offence against section 34, the trier of fact is not satisfied beyond reasonable doubt that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed the offence against section 33 (Offences—transport of dangerous goods). (2) The trier of fact may find the defendant guilty of the offence against section 33, but only if the defendant has been given procedural fairness in relation to that finding of guilt.