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Work Health and Safety Act 2011
34BAlternative verdict for industrial manslaughter
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34B Alternative verdict for industrial manslaughter
(1) This section applies if, in a prosecution for an industrial manslaughter
offence, the trier of fact—
(a) is not satisfied beyond reasonable doubt that the defendant
committed an industrial manslaughter offence; and
(b) is satisfied beyond reasonable doubt that the defendant
committed 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 an industrial manslaughter offence, means a
category 1 offence or a category 2 offence.