Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 678
(1) In this chapter—
"25 year offence" means an offence punishable by imprisonment for life or for
a period of 25 years or more.
(i) an acquittal in appeal proceedings in
relation to an offence; and
(ii) an acquittal at the direction of a court;
(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.
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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