Criminal Code Act 1899

This chapter applies if a person has been acquitted of an offence, whether before, on or after the commencement of this section.

However, this chapter does not apply if, in relation to a charge of an offence, a person was acquitted of the offence as charged and convicted instead of another offence of which the person might have been convicted as an alternative to the offence as charged.Examples where this chapter does not apply—

• in relation to a charge of the offence of murder, a person was acquitted of murder and convicted instead of manslaughter

• in relation to a charge of an offence committed with circumstances of aggravation, a person was acquitted of the offence committed with circumstances of aggravation and convicted instead of the offence without any of the circumstances of aggravation

• in relation to a charge of the offence of rape, a person was acquitted of rape and convicted instead of incest

This section extends to a person acquitted in proceedings outside this State of an offence under the law of the place where the proceedings were held.

However, this section does not extend as mentioned in subsection (3) if the law of the place where the proceedings were held does not permit the person to be retried and the application of this chapter to the retrial is inconsistent with the Commonwealth Constitution or a law of the Commonwealth. sch 1 pt 8 ch 68 s 678A ins 2007 No. 49 s 4