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Criminal Code Act 1983
383Acquittal on ground of intoxication
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383 Acquittal on ground of intoxication
(1) If, on the trial of a person charged on indictment with a property
offence, it is alleged or appears that he is not guilty by reason of
intoxication, other than intoxication of such a nature that
section 43C applies, the jury are required to find specially, if they
find he is not guilty, whether he is not guilty by reason of
intoxication and whether such intoxication was voluntary.
(2) If the jury find he is not guilty by reason of intoxication and his
intoxication was voluntary the court may order him to pay by way of
reparation an amount not exceeding the costs of bringing the
charge including the costs of all reasonable investigations relating
thereto and the costs of the committal proceedings and, in an
appropriate case, may make an order for the payment of
compensation and restitution pursuant to the Sentencing Act 1995.
(3) The court may itself assess such costs or order that they be taxed
by the proper officer of the Supreme Court.
(4) A person liable to make reparation may be ordered to make it in
instalments or at some future time specified by the court.
(5) An amount ordered to be paid for reparation shall be deemed to be
a debt owed to the Attorney-General as agent of the Crown and,
upon default being made in its payment, the Attorney-General may
bring and maintain civil proceedings for its recovery.
Criminal Code Act 1983 304