This definition
covers various expressions used in the Criminal Code , section 668E
(Determination of appeal in ordinary cases) and the Justices Act 1886,
section 225(Powers of judge on hearing appeal).
(2) Also, a person’s
conviction is taken to be
"quashed" if—
(a) for a conviction because a person is found guilty of an
offence, whether or not a conviction is recorded, the conviction is quashed by
a court or a free pardon is granted by the Governor; or
(b) for a conviction
because an offence is taken into account by a court in sentencing the person
for another offence—
(i) the person’s conviction of the other offence is
quashed; or
(ii) the court’s decision to take the offence into account is
quashed by a court; or
(c) for a conviction because a person has become
unamenable to justice, the person is afterwards brought before a court to be
dealt with for the offence and—
(i) the proceeding is discontinued; or
(ii)
the person is acquitted; or
(iii) the person is convicted, but the conviction
is afterwards quashed by a court or a free pardon is granted by the Governor;
or
(iv) the offence is taken into account by a court in sentencing the person
for another offence, but the person’s conviction of the other offence is
quashed; or
(v) the offence is taken into account by a court in sentencing
the person for another offence, but the court’s decision to take the offence
into account is quashed by a court; or
(vi) for a conviction because a person
is acquitted of an offence because of unsoundness of mind, the acquittal
because of unsoundness of mind is quashed by a court.