240Alternative verdicts for offences—pt 9.4

240 Alternative verdicts for offences—pt 9.4 (1) This section applies if, in a prosecution for a relevant offence, the trier of fact— (a) is not satisfied beyond reasonable doubt that the defendant is guilty of the relevant offence; but (b) is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence. (2) The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to that finding of guilt. alternative offence, for a relevant offence, means an offence mentioned in table 240, column 3, for the offence. relevant offence means an offence mentioned in table 240, column 2.

Table 240 Alternative verdicts for offences—pt 9.4 item 1 s 236 (1) (knowingly clear vegetation—serious harm) s 236 (2) (recklessly clear vegetation—serious s 236 (3) (negligently clear vegetation—serious 2 s 236 (2) (recklessly clear vegetation—serious harm) s 236 (3) (negligently clear vegetation—serious 3 s 237 (1) (knowingly clear vegetation—material harm) s 237 (2) (recklessly clear vegetation—material s 237 (3) (negligently clear vegetation—material 4 s 237 (2) (recklessly clear vegetation—material harm) s 237 (3) (negligently clear vegetation—material