Victorian Current Acts Victorian Current Acts(1) On an appeal under section 274 against a conviction imposed in a trial by judge alone, the Court of Appeal must not exercise the power set out in section 277(1)(c) unless—
(a) the appellant could have been found guilty of some other offence ( offence B ) instead of offence A (within the meaning of section 277); and
(b) the Court is satisfied that the trial judge was or must have been satisfied of facts that prove the appellant was guilty of offence B.
(2) On an appeal under section 274 against a conviction imposed in a trial by judge alone, the Court of Appeal must not exercise the power set out in section 277(1)(f) unless—
(a) the appellant could have been found guilty of some other offence ( offence B ) instead of offence A (within the meaning of section 277); and
(b) the Court is satisfied—
(i) that the trial judge was or must have been satisfied of facts that prove the appellant did the acts or made the omissions that constitute offence B; and
(ii) that the appellant should have been found not guilty of offence B because of mental impairment.
(3) On an appeal under section 326A against a conviction imposed in a trial by judge alone, the Court of Appeal must not exercise the power set out in section 326E(1)(c) unless—
(a) the appellant could have been found guilty of some other offence ( offence B ) instead of offence A (within the meaning of section 326E); and
(b) the Court is satisfied that the trial judge was or must have been satisfied of facts that prove the appellant was guilty of offence B.
(4) On an appeal under section 326A against a conviction imposed in a trial by judge alone, the Court of Appeal must not exercise the power set out in section 326E(1)(f) unless—
(a) the appellant could have been found guilty of some other offence ( offence B ) instead of offence A (within the meaning of section 326E); and
(b) the Court is satisfied—
(i) that the trial judge was or must have been satisfied of facts that prove the appellant did the acts or made the omissions that constitute offence B; and
(ii) that the appellant should have been found not guilty of offence B because of mental impairment.
New s. 420Z inserted by No. 11/2022 s. 3.