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Work Health and Safety (National Uniform Legislation) Act 2011
34DVerdict for alternative offence
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34D Verdict for alternative offence
(1) In a proceeding against a person charged with industrial
manslaughter, the trier of fact may find the person guilty of an
alternative offence if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person is
guilty of industrial manslaughter; and
Work Health and Safety (National Uniform Legislation) Act 2011 27
(b) is satisfied beyond reasonable doubt that the person
committed the alternative offence.
(2) To avoid doubt, section 316 of the Criminal Code does not apply in
respect of industrial manslaughter.