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Crimes Act 1900
317Verdicts available at special hearing
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317 Verdicts available at special hearing
(1) At a special hearing that is a trial by jury, the jury shall, if satisfied
beyond reasonable doubt that the accused engaged in the conduct
required for the offence charged (or an alternative offence, if not
satisfied in relation to the offence charged), advise the court
accordingly.
(2) If the jury is not satisfied in accordance with subsection (1)—
(a) the jury shall return a verdict of not guilty in respect of the
offence charged; and
(b) the accused shall be dealt with as though the jury had returned
that verdict at an ordinary trial.
(3) If, at a special hearing by a single judge without a jury, the judge is
not satisfied beyond reasonable doubt that the accused engaged in the
conduct required for the offence charged (or an alternative offence, if
not satisfied in relation to the offence charged)—
(a) the judge shall find the accused not guilty of the offence
charged; and
(b) the accused shall be dealt with as if the accused had been found
not guilty at an ordinary trial.
(4) If, at a special hearing, the jury (or, if the special hearing is by a single
judge without a jury, the judge) is satisfied beyond reasonable doubt
that the accused engaged in the conduct required for the offence
charged (or an alternative offence, if not satisfied in relation to the
offence charged), the finding—
(a) is not a basis in law for recording a conviction for the offence
charged (or an alternative offence); and
(b) except as provided in section 319A (Action if accused becomes
fit to plead after special hearing), bars further prosecution of the
accused for any offence in relation to the conduct.