CRIMES ACT 1900 - SECT 317 Verdicts available at special hearing

CRIMES ACT 1900 - SECT 317

    (1)     At a special hearing that is a trial by jury, the jury shall, if satisfied beyond reasonable doubt that the accused engaged in the conduct required for the offence charged (or an alternative offence, if not satisfied in relation to the offence charged), advise the court accordingly.

    (2)     If the jury is not satisfied in accordance with subsection (1)—

        (a)     the jury shall return a verdict of not guilty in respect of the offence charged; and

        (b)     the accused shall be dealt with as though the jury had returned that verdict at an ordinary trial.

    (3)     If, at a special hearing by a single judge without a jury, the judge is not satisfied beyond reasonable doubt that the accused engaged in the conduct required for the offence charged (or an alternative offence, if not satisfied in relation to the offence charged)—

        (a)     the judge shall find the accused not guilty of the offence charged; and

        (b)     the accused shall be dealt with as if the accused had been found not guilty at an ordinary trial.

    (4)     If, at a special hearing, the jury (or, if the special hearing is by a single judge without a jury, the judge) is satisfied beyond reasonable doubt that the accused engaged in the conduct required for the offence charged (or an alternative offence, if not satisfied in relation to the offence charged), the finding—

        (a)     is not a basis in law for recording a conviction for the offence charged (or an alternative offence); and

        (b)     except as provided in section 319A (Action if accused becomes fit to plead after special hearing), bars further prosecution of the accused for any offence in relation to the conduct.