(1) This section applies if, in a prosecution for an offence against section 18 (1) or 19 (1) (a primary offence ), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of—
(a) for a prosecution for an offence against section 18 (1)—an offence against section 18 (2) (an alternative offence ); or
(b) for a prosecution for an offence against section 19 (1)—an offence against section 19 (5) (also an alternative offence ).
(2) The trier of
fact may find the defendant guilty of the relevant alternative offence but
only if the defendant has been given procedural fairness in relation to that
finding of guilt.