The power to substitute a conviction for an alternative offence under s 277(1)(c) of the Criminal Procedure Act 2009 (Vic) is confined to cases where the original conviction followed a jury verdict; it does not extend to convictions following a plea of guilty. Where a conviction on a guilty plea is quashed because the admitted facts do not support the offence charged, the Court's only options are to order a new trial or enter a judgment of acquittal. This creates a gap where the appropriate charge is apparent but cannot be substituted without a retrial.
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