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s 4

Meaning of finding of guilt

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Part 1Preliminary matters

4 Meaning of finding of guilt

(1)

For the purposes of this Act, a reference to a finding of guilt (however expressed) in relation to an offence committed by a person is a reference to any of the following —

(a)

a court making a formal finding of guilt in relation to the offence;

(b)

a court convicting the person of the offence, if there has been no formal finding of guilt before conviction;

(c)

a court accepting a plea of guilty from the person in relation to the offence;

(ca)

a finding under the Criminal Law (Mental Impairment) Act 2023 section 41(2)(c) or an equivalent finding under provisions of the laws of a foreign jurisdiction;

(d)

a finding under The Criminal Code section 27 that the person is not guilty of the offence on account of mental impairment or a finding under equivalent provisions of the laws of a foreign jurisdiction.

(2)

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.

[Section 4 amended: No. 10 of 2023 s. 286 and 412.]

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