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Criminal Code Act 1983
412APowers of Court in relation to mental impairment
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412A Powers of Court in relation to mental impairment
(1) This section applies if, on an appeal against a finding of guilt or the
sentence passed on such a finding, it appears to the Court that the
person found guilty should have been found not guilty because of
mental impairment under section 43C.
Criminal Code Act 1983 311
(2) The Court must quash the finding of guilt and:
(a) declare that the person is liable to supervision under Part IIA,
(b) order that the person be released unconditionally.
(3) If the Court makes a declaration under subsection (2)(a), the Court
must remit the matter to the Supreme Court for the making of a
supervision order under Part IIA, Division 5 in respect of the person.