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Criminal Code Act 1983
43XFindings at special hearing
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43X Findings at special hearing
(1) If the jury at a special hearing finds the accused person is not guilty
of the offence, the finding is taken to be a finding of not guilty at a
criminal trial and the court must discharge the accused person.
(2) If the jury at a special hearing finds the accused person is not guilty
because of mental impairment, the finding is taken to be a finding of
not guilty because of mental impairment at a criminal trial and the
court must:
(3) If the jury at a special hearing finds, on the evidence available, that
the accused person committed the offence charged or an offence
available as an alternative to the offence charged, the finding:
(a) is taken to be a qualified finding of guilt and does not
constitute a basis in law for a finding of guilt of the offence to
which the finding relates;
(b) constitutes a bar to further prosecution in respect to the same
conduct and circumstances; and
Criminal Code Act 1983 67
(c) is subject to appeal in the same manner as if it were a finding
of guilt at a criminal trial,
and the court must declare that the accused person is liable to
supervision under Division 5 or discharge the accused person
43XA Dispensing with special hearing
If, at any time before or during a special hearing, the parties to the
prosecution of the offence agree that the evidence establishes the
defence of mental impairment, the court may accept a plea and
record a finding of not guilty of the offence because of mental
impairment.
43XB Effect of finding under section 43XA
If the court records a finding under section 43XA, the court must: