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s 68L

Meaning of tainted acquittal—pt 8AA

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Part 8AAAcquittals
Division 8AA.2Important concepts

68L Meaning of tainted acquittal—pt 8AA

(1)

For this part, an acquittal is tainted if—

(a)

the person acquitted of an offence (the acquittal offence), or someone else, has been convicted of an administration of justice offence that is relevant to the proceeding in which the acquittal happened; and

(b)

it is more likely than not that, but for the commission of the administration of justice offence, the acquitted person would have been convicted of the acquittal offence.

(2)

However, an acquittal is not tainted if the conviction for the administration of justice offence is subject to an appeal for which leave is not required.

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