This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (19) - Verdicts. Attempts, &c.
425 Alternative verdicts for certain sexual offences
(1)On the trial of a person charged with an offence against a provision specified in column 2 of an item in the Table, if the jury are not satisfied that the person is guilty of the offence charged or of an attempt to commit the offence charged but are satisfied that the person is guilty of an offence against a provision specified in column 3 of that item (an alternative offence), the jury may acquit the person of the offence charged and find the person guilty of the alternative offence and the person is liable to punishment accordingly. Table Column 1 Column 2 Column 3 Item No. Offence charged Alternative offence Section 38(1) Section 40(1) (rape) (sexual assault) Section 42(1) (assault with intent to commit a sexual offence) Section 39(1) Section 41(1) (rape by (sexual assault by compelling sexual compelling sexual penetration) touching) Section 42(1) (assault with intent to commit a sexual offence) Column 1 Column 2 Column 3 Item No. Offence charged Alternative offence Section 49A(1) Section 42(1) (sexual (assault with intent penetration of a to commit a sexualchild under the offence) age of 12) Section 49B(1) (sexual penetration of a child under the age of 16) Section 49D(1) (sexual assault of a child under the age of 16) Section 49B(1) Section 42(1) (sexual (assault with intent penetration of a to commit a sexualchild under the offence) age of 16) Section 49D(1) (sexual assault of a child under the age of 16) Section 50C(1) Section 42(1) (sexual (assault with intent penetration of a to commit a sexualchild or lineal offence) descendant) Section 49D(1) (sexual assault of a child under the age of 16) Section 49E(1) (sexual assault of a child aged 16 or 17 under care, supervision or authority) Column 1 Column 2 Column 3 Item No. Offence charged Alternative offence Section 50D(1) Section 42(1) (sexual (assault with intent penetration of a to commit a sexual step-child) offence) Section 49D(1) (sexual assault of a child under the age of 16) Section 49E(1) (sexual assault of a child aged 16 or 17 under care, supervision or authority)
(2)On the trial of a person charged with an offence against section 49C(1) (sexual penetration of a child aged 16 or 17 under care, supervision or authority), if the jury are not satisfied that the person is guilty of the offence charged or of an attempt to commit the offence charged but are satisfied that the person is guilty of— the jury may acquit the person of the offence charged and find the person guilty of that other offence and the person is liable to punishment accordingly.
(a)an offence against section 31(1) (assault) constituted by assault with intent to commit the offence charged; or