NSWIn ForceAct
Coroners Act 2009
80Procedure at inquest if finding that person did not die
Start here
Get a plain-English read of 80
Turn the raw legal text into a practical explanation grounded in Coroners Act 2009.
#### 80 Procedure at inquest if finding that person did not die
80 Procedure at inquest if finding that person did not die
(cf [Coroners Act 1980](/view/html/repealed/current/act-1980-027), s 21)
> > (1) If, at any time during the course of an inquest concerning the death or suspected death of a person, it appears to the coroner from the evidence that the person has not died—
> >
> > > (a) where there is no jury—the coroner must make a finding that the person has not died and terminate the inquest, or
> >
> > > (b) where there is a jury—the coroner may request the jury to bring in a preliminary verdict as to whether or not the person has died.
>
> > (2) The following provisions apply when a preliminary verdict is brought in by a jury following a request by the coroner referred to in subsection (1)(b)—
> >
> > > (a) if the verdict of the jury is that the person has not died—the coroner must terminate the inquest and discharge the jury,
> >
> > > (b) if the verdict of the jury is that the person has died or that it is uncertain whether the person has died—the inquest is to be resumed.
>
> > (3) If a coroner terminates an inquest under this section, the coroner must record in writing the coroner’s findings or, if there is a jury, the jury’s verdict.