Meaning of finding of guilt
4 Meaning of finding of guilt
For the purposes of this Act, a reference to a finding of guilt in relation to an offence committed by a person is a reference to any of the following—
a court making a formal finding of guilt in relation to the offence;
a court accepting a plea of guilty from the person in relation to the offence;
a court accepting an admission made under and for the purposes of section 100 of the Sentencing Act 1991, or under equivalent provisions of the laws of a jurisdiction other than Victoria;
a finding in relation to the offence under section 17(1)(b) or (c) or 38X(1)(b) or (c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or under section 17(1)(c) or 38X(1)(c) of that Act in relation to an offence available as an alternative or a finding under that Act of not guilty because of mental impairment, or a finding under equivalent provisions of the laws of a jurisdiction other than Victoria;
a verdict of not guilty on account of insanity before the day on which Schedule 3 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 came into operation in relation to the offence returned under—
section 420 of the Crimes Act 1958 (as then in force); or
an equivalent provision of the laws of a jurisdiction other than Victoria.
A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court.
This Act’s bill:Explanatory memorandumSecond reading speech
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