(1) Offences A person must not contravene section 23A on 3 or more separate
occasions over any consecutive period of 12 months.
: Maximum
penalty--imprisonment for 20 years.
(2) Jury must be satisfied as to same 3
occasions of sale If, on the trial of a person for an offence under this
section, more than 3 occasions of selling a prohibited weapon are relied on as
evidence of commission of the offence, the members of the jury who return a
guilty verdict must be satisfied as to at least 3 of the same occasions of
sale.
(3) Alternative verdict--relevant selling offence If, on the trial of a
person for an offence under this section, the jury is not satisfied that the
offence is proven but is satisfied that the person has, in respect of any of
the occasions relied on as evidence of commission of the offence under this
section, committed a relevant selling offence, the jury may acquit the person
of the offence charged and find the person guilty of the
relevant selling offence, and the person is liable to punishment accordingly.
(4) Double jeopardy provisions A person who has been convicted of an offence
under this section is not liable to be convicted--
on
the same, or substantially the same, facts as those relied on as evidence of
commission of the offence in respect of which the person has been convicted.
(5) A person who has been acquitted of an offence under this section is not
liable to be convicted--
on
the same, or substantially the same, facts as those relied on as evidence of
commission of the offence in respect of which the person has been acquitted.
is not liable to be convicted of
an offence under this section on the same, or substantially the same, facts as
those relied on as evidence of commission of the relevant selling offence.
(7) Liability for relevant selling offences not affected by offence under this
section Subject to subsections (4) and (5), this section does not--
(b) affect the punishment that may be imposed for any such offence.
(8)
Definition In this section,
"relevant selling offence" means any offence under this Act (other than under
this section) relating to the sale of a prohibited weapon.
