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Section 61 - Criminal Code - Use of averments | Zoe

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ACTIn ForceAct

Criminal Code

61Use of averments

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61 Use of averments A law that allows the prosecution to make an averment (however expressed) does not allow the prosecution— (a) to aver any fault element of an offence; or (b) to make an averment in prosecuting for an offence that is directly punishable by imprisonment.

Geographical application Part 2.7

Previous section60Standard of proof—defence

Next section62Application and effect—pt 2.7