46J
CurrentMeaning of tainted acquittal
Part 5AProsecuting acquitted accused
46J Meaning of tainted acquittal
For the purposes of section 46H, the acquittal in trial A is tainted if —
(a)
the acquitted accused or another person has been convicted in this State or elsewhere of an AOJ offence committed in or in connection with trial A; and
(b)
but for the commission of that AOJ offence, it is more likely than not that the acquitted accused would have been found guilty of, or would have been acquitted on account of mental impairment of —
(i)
offence A; or
(ii)
some other offence of which, on charge A, the acquitted accused might have been convicted instead of offence A.
[Section 46J inserted: No. 9 of 2012 s. 4; amended: No. 10 of 2023 s. 313.]
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