Alternative verdicts
(1) If on the trial of a person for an offence under section 193B (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193B (2) or (3) or section 193BA(1) or (3), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly. (2) If on the trial of a person for an offence under section 193B (2), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193B (3) or section 193BA(1) or (3), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly. (2AA) If on the trial of a person for an offence under section 193B(3), the jury is not satisfied the accused is guilty of the offence charged, but is satisfied the accused is guilty of an offence under section 193BA(3), the jury may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly. (2A) If on the trial of a person for an offence under section 193B, the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193C(1AA), (1) or (2), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly. (2AB) If on the trial of a person for an offence under section 193BA(1), the jury is not satisfied the accused is guilty of the offence charged, but is satisfied the accused is guilty of an offence under section 193BA(3), the jury may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly. (2AC) If on the trial of a person for an offence under section 193BA(1) or (3), the jury is not satisfied the accused is guilty of the offence charged, but is satisfied the accused is guilty of an offence under section 193C(1AA), (1) or (2), the jury may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly. (2AD) If on the trial of a person for an offence under section 193C(1AA), the jury is not satisfied the accused is guilty of the offence charged, but is satisfied the accused is guilty of an offence under section 193C(1) or (2), the jury may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly. (2B) If on the trial of a person for an offence under section 193C (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193C (2), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly. (3) If on the trial of a person for an offence under section 193D (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193D (2), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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