118Making of pecuniary penalty order if person has absconded

118 Making of pecuniary penalty order if person has absconded

If, because of paragraph 331(1)(d), a person is taken to have been convicted of an *indictable offence, a court must not make a *pecuniary penalty order in relation to the person’s conviction unless: (a) the court is satisfied, on the balance of probabilities, that the person has *absconded; and (b) either: (i) the person has been committed for trial for the offence; or (ii) the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.