Special verdict of “sexual offence or misconduct with regard to corpse”
(1) This section applies if, on the trial of a person charged with an offence under this division or section 81C(a), the trier of fact— (a) is satisfied beyond reasonable doubt that the person committed either an offence under this division or section 81C(a), but (b) is not certain about which of the offences was committed due to uncertainty about whether the victim was alive or deceased at the time the conduct the subject of the offence occurred. (2) The person— (a) is not entitled to be acquitted, and (b) is liable to be sentenced for the offence under this division or under section 81C(a), whichever of the offences has the lesser punishment.
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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