Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 15

    (1)     For this Act, a person is taken to be convicted of an offence if—

        (a)     the person is convicted of the offence, whether summarily or on indictment; or

        (b)     the person is found guilty, but not convicted, of the offence; or

        (c)     the person absconds in relation to the offence.

Note 1     Found guilty , of an offence, includes—

              •     having an order made for the offence under the Crimes (Sentencing) Act 2005

, s 17 (Non-conviction orders—general)

              •     having the offence taken into account under the Crimes (Sentencing) Act 2005

, s 57 (Outstanding additional offences taken into account in sentencing)

(see Legislation Act

, dict, pt 1).

Note 2     For the meaning of abscond , see s 16.

    (2)     The person is taken to be convicted of the offence—

        (a)     if subsection (1) (a) applies—on the day the person is convicted; or

        (b)     if subsection (1) (b) applies—on the day the person is found guilty; or

        (c)     if subsection (1) (c) applies—

              (i)     on the day the person is committed for trial for the offence; or

              (ii)     on the day a court, in a confiscation proceeding, makes an order that the evidence is of sufficient weight to support a conviction for the offence.

    (3)     For this Act, the person's conviction for the offence is taken to be "quashed" when—

        (a)     if subsection (1) (a) applies—the conviction is quashed or set aside; or

        (b)     if subsection (1) (b) applies because the offence was taken into account in passing sentence for another offence—

              (i)     the person's conviction or finding of guilty for the other offence is quashed or set aside; or

              (ii)     the decision to take the offence into account is quashed or set aside; or

        (c)     if subsection (1) (b) applies for another reason—the finding of guilty for the offence (however described) is quashed or set aside; or

        (d)     if subsection (1) (c) applies—the person is brought before a court for the offence, and the person is cleared of the offence.

Note     For the meaning of cleared , see s 17.

    (4)     However, a person's conviction for an offence is not taken to be quashed if a court quashes or sets aside the conviction or finding of guilty (however described) but orders the person to be retried for the offence.