sec.107Meaning of quash a conviction

### sec.107 Meaning of quash a conviction Quash includes set aside and rescind. This definition covers various expressions used in the Criminal Code , section 668E (Determination of appeal in ordinary cases) and the Justices Act 1886 , section 225 (Powers of judge on hearing appeal). Also, a person’s conviction is taken to be quashed if— for a conviction because a person is found guilty of an offence, whether or not a conviction is recorded, the conviction is quashed by a court or a free pardon is granted by the Governor; or for a conviction because an offence is taken into account by a court in sentencing the person for another offence— the person’s conviction of the other offence is quashed; or the court’s decision to take the offence into account is quashed by a court; or for a conviction because a person has become unamenable to justice, the person is afterwards brought before a court to be dealt with for the offence and— the proceeding is discontinued; or the person is acquitted; or the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or the offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or the offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or for a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court. (sec.107-ssec.1) Quash includes set aside and rescind. This definition covers various expressions used in the Criminal Code , section 668E (Determination of appeal in ordinary cases) and the Justices Act 1886 , section 225 (Powers of judge on hearing appeal). (sec.107-ssec.2) Also, a person’s conviction is taken to be quashed if— for a conviction because a person is found guilty of an offence, whether or not a conviction is recorded, the conviction is quashed by a court or a free pardon is granted by the Governor; or for a conviction because an offence is taken into account by a court in sentencing the person for another offence— the person’s conviction of the other offence is quashed; or the court’s decision to take the offence into account is quashed by a court; or for a conviction because a person has become unamenable to justice, the person is afterwards brought before a court to be dealt with for the offence and— the proceeding is discontinued; or the person is acquitted; or the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or the offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or the offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or for a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court. - (a) for a conviction because a person is found guilty of an offence, whether or not a conviction is recorded, the conviction is quashed by a court or a free pardon is granted by the Governor; or - (b) for a conviction because an offence is taken into account by a court in sentencing the person for another offence— (i) the person’s conviction of the other offence is quashed; or (ii) the court’s decision to take the offence into account is quashed by a court; or - (i) the person’s conviction of the other offence is quashed; or - (ii) the court’s decision to take the offence into account is quashed by a court; or - (c) for a conviction because a person has become unamenable to justice, the person is afterwards brought before a court to be dealt with for the offence and— (i) the proceeding is discontinued; or (ii) the person is acquitted; or (iii) the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or (iv) the offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or (v) the offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or (vi) for a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court. - (i) the proceeding is discontinued; or - (ii) the person is acquitted; or - (iii) the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or - (iv) the offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or - (v) the offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or - (vi) for a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court. - (i) the person’s conviction of the other offence is quashed; or - (ii) the court’s decision to take the offence into account is quashed by a court; or - (i) the proceeding is discontinued; or - (ii) the person is acquitted; or - (iii) the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or - (iv) the offence is taken into account by a court in sentencing the person for another offence, but the person’s conviction of the other offence is quashed; or - (v) the offence is taken into account by a court in sentencing the person for another offence, but the court’s decision to take the offence into account is quashed by a court; or - (vi) for a conviction because a person is acquitted of an offence because of unsoundness of mind, the acquittal because of unsoundness of mind is quashed by a court.