Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 18

Effect of findings

18. Effect of findings



(1) If a jury makes a finding under section 17(1)(a), the defendant is to be
taken for all purposes to have been found not guilty at a criminal trial.

(2) A finding under section 17(1)(b) is to be taken for all purposes to be a
finding at a criminal trial of not guilty because of mental impairment.

(3) A finding under section 17(1)(c)-

   (a)  constitutes a qualified finding of guilt and does not constitute a
        basis in law for any conviction for the offence to which the finding
        relates; and

   (b)  constitutes a bar to further prosecution in respect of the same
        circumstances; and

   (c)  is subject to appeal in the same manner as if the defendant had been
        convicted of the offence in a criminal trial.

(4) If a jury makes a finding under section 17(1)(c)1, the judge must-

   (a)  declare that the defendant is liable to supervision under Part 5; or

   (b)  order the defendant to be released unconditionally2.