FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30BB Allowing appeals against convictions on indictment

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30BB

  (1)   This section applies if the Court allows an appeal covered by paragraph   30AA(1)(a) or 30AD(2)(a).

  (2)   The Court may:

  (a)   set aside the conviction (with or without an order for a new trial); or

  (b)   acquit the accused of the count.

  (3)   The Court may substitute a guilty verdict for an offence (the substituted offence ) other than the offence to which the appeal relates (the appealed offence ) if:

  (a)   an Act allowed the jury to find the accused not guilty of the appealed offence but guilty of the substituted offence; and

  (b)   the Court is satisfied that:

  (i)   the guilty verdict relating to the appealed offence cannot stand; and

  (ii)   the jury must have been satisfied of facts that prove the accused guilty of the substituted offence; and

  (c)   the Court substitutes the guilty verdict in accordance with that other Act.

  (4)   The Court may substitute a guilty verdict for an offence (the substituted offence ) other than the offence to which the appeal relates (the appealed offence ) if the Court is satisfied that:

  (a)   the Court has jurisdiction to try a person for the substituted offence; and

  (b)   the maximum penalty for the substituted offence does not exceed the maximum penalty for the appealed offence; and

  (c)   the guilty verdict relating to the appealed offence cannot stand; and

  (d)   the substituted offence is covered by the same indictment as the appealed offence; and

  (e)   the jury must have been satisfied of facts that prove the accused guilty of the substituted offence.

  (5)   For a guilty verdict substituted under subsection   (3) or (4), the Court may:

  (a)   sentence the accused in relation to the substituted offence; and

  (b)   set aside the conviction and sentence relating to the appealed offence.

The accused is taken to be convicted of the substituted offence unless the Court makes an order under section   19B of the Crimes Act 1914 when sentencing the accused for the substituted offence.