Term used: acquitted accused
46B Term used: acquitted accused
For the purposes of this Part a person is an acquitted accused if the person, in this State or elsewhere —
is tried on a charge (charge A) of a serious offence (offence A); and
at the trial (trial A), or on appeal from a conviction in trial A, is acquitted, other than on account of mental impairment, of —
charge A; and
any other offence of which, on charge A, the acquitted accused might have been convicted instead of offence A.
For the purposes of subsection (1) it does not matter if the acquittal occurred before or after the commencement of this Part.
[Section 46B inserted: No. 9 of 2012 s. 4; amended: No. 10 of 2023 s. 313.]
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