Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 678E

678E Tainted acquittal—meaning

(1) This section applies for the purpose of deciding under this chapter whether the acquittal of an accused person is a tainted acquittal.

(2) An acquittal is
"tainted" if—

(a) the accused person or another person has been convicted in this State or elsewhere of an administration of justice offence in relation to the proceedings in which the accused person was acquitted; and

(b) it is more likely than not that, but for the commission of the administration of justice offence, the accused person would have been convicted.

(3) An acquittal is not a tainted acquittal during any of the following periods—

(a) the period provided under section 671 (1) for the person convicted of the administration of justice offence (the
"convicted person" ) to appeal, or obtain leave to appeal, from the conviction;

(b) if, within the period mentioned in paragraph (a) , the convicted person gives notice of an appeal—the period ending when the appeal is decided;

(c) if, within the period mentioned in paragraph (a) , the convicted person gives notice of an application for leave to appeal, the period ending—

(i) if the application is refused—when the decision refusing the application is made; or

(ii) if the application is granted—when the appeal is decided.

Example—

Section 668D provides the right of appeal.

(4) If the conviction for the administration of justice offence is, on appeal, quashed after the Court has ordered the acquitted person to be retried under this chapter because of the conviction, the person may apply to the Court to set aside the order and—

(a) restore the acquittal that was quashed; or

(b) restore the acquittal as a bar to the person being retried for the offence.