CRIMINAL PROCEDURE ACT 2009 - SECT 327D Meaning of tainted acquittal

CRIMINAL PROCEDURE ACT 2009 - SECT 327D

For the purposes of this Chapter, if at the trial of an offence a person is acquitted of the offence, the acquittal will be "tainted" if—

        (a)     the person or another person has been convicted (whether or not in Victoria) of an administration of justice offence in connection with the trial resulting in the acquittal; and

        (b)     it is more likely than not that, had it not been for the commission of the administration of justice offence, the person would have been convicted of the first mentioned offence at the trial.

S. 327E inserted by No. 81/2011 s. 17.