68CVerdict of judge in criminal proceedings

68C Verdict of judge in criminal proceedings (1) A judge who tries criminal proceedings without a jury may make any finding that could have been made by a jury as to the guilt of the accused person and any such finding has, for all purposes, the same effect as a verdict of a jury. (2) The judgment in criminal proceedings tried by a judge alone must include the principles of law applied by the judge and the findings of fact on which the judge relied. (3) In criminal proceedings tried by a judge alone, if a territory law requires a warning or direction to be given, or a comment to be made, to a jury in the proceedings, the judge must take the warning, direction or comment into account in considering his or her verdict.

Back-up and related offences Part 8 68CA Definitions––pt 8 back-up offence, in relation to an indictable offence (the first indictable offence), means an offence–– (a) that is–– (i) a summary offence; or (ii) an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930, part 3.6 (Proceedings for offences punishable summarily); and (b) at least some of the elements of which are similar to the elements that constitute the first indictable offence; and (c) that is to be prosecuted on the same facts as the first indictable related offence, in relation to an indictable offence (the first indictable offence), means an offence, other than a back-up offence— (a) that is–– (i) a summary offence; or (ii) an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930, part 3.6 (Proceedings for offences punishable summarily); and (b) that arises from substantially the same circumstances as those from which the first indictable offence has arisen.