Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 678

678 Definitions

(1) In this chapter—

25 year offence means an offence punishable by imprisonment for life or for a period of 25 years or more.

acquittal—

(a) includes—
(i) an acquittal in appeal proceedings in relation to an offence; and
(ii) an acquittal at the direction of a court; and
(iii) a dismissal under section 700 or the Justices Act 1886, section 149; but
(b) does not include—
(i) an acquittal on account of unsoundness of mind under section 647; or
(ii) a discontinuance of proceedings under the Mental Health Act 2000, section 281.

administration of justice offence means an offence under chapter 16.

Court means the Court of Appeal.

fresh and compelling evidence see section 678D.

interests of justice see section 678F.

tainted acquittal see section 678E.

(2) For the purposes of this chapter, the retrial of an acquitted person for an offence includes a trial if the offence is not the same as the offence of which the person was acquitted.

(3) In this chapter, a reference to the proceedings in which a person was acquitted includes, if they were appeal proceedings, a reference to the earlier proceedings to which the appeal related.



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