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Crimes (Child Sex Offenders) Act 2005
7Meaning of finding of guilt
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7 Meaning of finding of guilt
(1) For this Act, a reference to a finding of guilt (however expressed) in
relation to an offence committed by a person is a reference to any of
the following:
(a) a court making a formal finding of guilt in relation to the
offence;
(b) a court accepting a plea of guilty from the person in relation to
the offence;
Preliminary Chapter 1
(c) an offence taken into account by a court under the Crimes
(Sentencing) Act 2005, part 4.4 (Taking additional offences into
account) in making a sentence-related order in relation to a
principal offence, or an admission (however described) being
accepted in relation to the offence under a corresponding
provision of a foreign law;
(d) an order (however described) being made in relation to the
offence under—
(i) the Crimes (Sentencing) Act 2005, section 17
(Non-conviction orders—general); or
(ii) a provision of a foreign law corresponding to a provision
mentioned in subparagraph (i);
(e) a finding (however expressed) under the Crimes Act 1900,
division 13.3 or the Criminal Code, section 28 (7) of not guilty
because of mental impairment, or a finding under a
corresponding provision of a foreign law.
(2) For this Act, a reference to a finding of guilt (however expressed) in
relation to an offence does not include a reference to—
(a) a finding of guilt mentioned in subsection (1) (c) if—
(i) the offence was taken into account by a court under the
Crimes (Sentencing) Act 2005, part 4.4 (Taking additional
offences into account) in making a sentence-related order
in relation to a principal offence; and
(ii) the decision to take the offence into account is
subsequently quashed or set aside by a court; or
(b) a finding of guilt mentioned in subsection (1) (c) if—
(i) an admission (however described) was accepted in relation
to the offence under a corresponding provision of a foreign
law; and
(ii) the decision to accept the admission is subsequently
quashed or set aside by a court; or
(c) in any other case—a finding of guilt that is subsequently
quashed or set aside by a court.
(3) For this section, a reference to taking into account an offence
includes the taking into account of the offence under the Crimes
Act 1900, section 357 (repealed).