Criminal Code Act 1924
383Verdict
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383 Verdict
(1) Upon the trial of an indictment the jury may in any case –
(a) subject to the provisions of subsection (1) of section 381 , return a general verdict of "guilty", or "not guilty";
(b) find specially upon all the facts necessary to enable the judge to pass judgment; or
(c) if they return a general verdict, find specially upon any question submitted to them by the judge.
(2) If the jury acquit the accused person on the ground of insanity the verdict shall be that –
The accused committed the act [or made the omission] charged, but is not guilty, on the ground that he was insane at the time so as not to be responsible according to law.
(3) If in any case it appears to the judge that it is desirable that the jury should find specially upon all the facts necessary to enable him to give judgment, or upon any particular question, the judge may ask the jury to so find.
(4) In any such case the judge shall inform the jury that it is their right to find a special verdict or to return a general verdict; and that they are not obliged to find specially upon any question (except as hereinbefore provided in the case of a person acquitted on the ground of insanity).
(5) The jury may at any time before they leave the box correct any verdict which they have given, and may reconsider their verdict at the request of the court, but they are not bound to do so.
(6) [Section 383 Amended by No. 4 of 2022, s. 4, Applied:08 Jun 2022] If an indictment is tried by a single judge in accordance with an order under section 361AA –
(a) the judge may return any verdict or make any finding under this section that a jury may have made if the indictment had been tried by a jury; and
(b) before returning a verdict or making a finding under this section, the judge is to –
(i) take into account any warning that would have been given to a jury before returning the verdict or making the finding; and