Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 678

Definitions

678 Definitions

(1) In this chapter—

"25 year offence" means an offence punishable by imprisonment for life or for a period of 25 years or more.

"acquittal"
(a) includes—
(i) an acquittal in appeal proceedings in relation to an offence; and
(ii) an acquittal at the direction of a court; and
(iii) a dismissal under section 700 or the Justices Act 1886 , section 149 ; but
(b) does not include—
(i) an acquittal on account of unsoundness of mind under section 647 ; or
(ii) a discontinuance of proceedings under the Mental Health Act 2016 , section 119 .

"administration of justice offence" means an offence under chapter 16 .

"Court" means the Court of Appeal.

"fresh and compelling evidence" see section 678D .

"interests of justice" see section 678F .

"tainted acquittal" see section 678E .
(2) For the purposes of this chapter, the retrial of an acquitted person for an offence includes a trial if the offence is not the same as the offence of which the person was acquitted.
(3) In this chapter, a reference to the proceedings in which a person was acquitted includes, if they were appeal proceedings, a reference to the earlier proceedings to which the appeal related.



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