61Alternative verdicts for lesser offences

61 Alternative verdicts for lesser offences

Alternative verdict in prosecution for middle range prescribed concentration of alcohol (1) If, in a prosecution of a person for an offence against section 59, the court is satisfied that, at the time the person operated the vessel, or supervised a juvenile operator of the vessel: (a) there was not present in the person’s breath or blood the middle range prescribed concentration of alcohol; but (b) there was present in the person’s breath or blood the low range prescribed concentration of alcohol; the court may convict the person of an offence against section 58. Alternative verdict in prosecution for high range prescribed concentration of alcohol (2) If, in a prosecution of a person for an offence against section 60, the court is satisfied that, at the time the person operated the vessel, or supervised a juvenile operator of the vessel, there was not present in the person’s breath or blood the high range prescribed concentration of alcohol: (a) the court may convict the person of an offence against section 59 if the court is satisfied that the middle range prescribed concentration of alcohol was present in the person’s breath or blood; or (b) the court may convict the person of an offence against section 58 if the court is satisfied that the low range prescribed concentration of alcohol was present in the person’s breath or blood. Alternative verdict in prosecution for low, middle and high range prescribed concentrations of alcohol (3) If, in a prosecution of a person for an offence against section 58, 59 or 60, the court is satisfied that, at the time the person operated the vessel or supervised a juvenile operator of the vessel: (a) the person was under the age of 18 years, or the person or juvenile operator was operating the vessel for a commercial purpose; and (b) there was not present in the person’s breath or blood the low, middle or high range prescribed concentration of alcohol, but there was present in the person’s breath or blood the special range prescribed concentration of alcohol; the court may convict the person of an offence against section 57. Alternative verdict in prosecution for low, middle, high and special range prescribed concentrations of alcohol (4) If, in a prosecution of a person for an offence against section 57, 58, 59 or 60, the court is satisfied that, at the time the person was operating the vessel or supervising a juvenile operator of the vessel: (a) the person was under the age of 18 years; and (b) there was not present in the person’s breath or blood the low, middle, high or special range prescribed concentration of alcohol, but there was present in the person’s breath or blood the youth range prescribed concentration of alcohol; the court may convict the person of an offence against section 56.