Victorian Current Acts

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Old offences relevant in determining previous convictions

    (1)     A finding of guilt or conviction of an old offence counts as a finding of guilt or conviction of a new offence for the purpose of determining whether or not a person has previously been found guilty or convicted of the new offence.

    (2)     For the purposes of this section—

        (a)     an old offence is an offence under a repealed statutory provision which is constituted by the same acts, omissions, matters, circumstances or things as an offence (the new offence) under an Act or subordinate instrument which substantially re-enacts (whether in the same language or not) the repealed statutory provision; and

        (b)     a repealed statutory provision is an Act or provision of an Act that has been repealed or a subordinate instrument or provision of a subordinate instrument that has been revoked.

    (3)     This section applies—

        (a)     even if the new offence differs from the old offence in—

              (i)     its penalty; or

              (ii)     the procedure applicable to its prosecution; or

              (iii)     its classification; or

              (iv)     its name;

        (b)     unless the contrary intention appears in the Act or subordinate instrument that creates the new offence.

S. 115A inserted by No. 65/2011 s. 49.

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