64EDirections on order in which offences to be considered

64E Directions on order in which offences to be considered

(1) This section applies to a trial in which there is more than one offence in respect of which the jury may return a verdict.

Section 421 of the Crimes Act 1958 provides that on an indictment for murder a person found not guilty of murder may be found guilty of other offences, including manslaughter.

(2) The trial judge may direct the jury on the order in which the jury must consider the offences.

In a homicide trial, the trial judge may direct the jury to consider the offence of manslaughter only if the jury first finds the accused not guilty of murder.

(3) Nothing in subsection (2) prevents the trial judge from directing the jury on the order in which the jury may consider the offences.

S. 64F inserted by No. 37/2017 s. 9.