249Alternative verdicts for offences—pt 9.5

249 Alternative verdicts for offences—pt 9.5 (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 249, column 3, for the offence. relevant offence means an offence mentioned in table 249, column 2. Table 249 Alternative verdicts for offences—pt 9.5 item 1 s 245 (1) (knowingly damage land—serious harm) s 245 (2) (recklessly damage land—serious harm) s 245 (3) (negligently damage land—serious 2 s 245 (2) (recklessly damage land—serious harm) s 245 (3) (negligently damage land—serious

item 3 s 246 (1) (knowingly damage land—material harm) s 246 (2) (recklessly damage land—material s 246 (3) (negligently damage land—material 4 s 246 (2) (recklessly damage land—material harm) s 246 (3) (negligently damage land—material