New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 103

103 Tainted acquittals--meaning

(1) This section applies for the purpose of determining under this Division whether the acquittal of an accused person is a tainted acquittal.

(2) An acquittal is
"tainted" if--

(a) the accused person or another person has been convicted (in this State or elsewhere) of an administration of justice offence in connection with the proceedings in which the accused person was acquitted, and

(b) it is more likely than not that, but for the commission of the administration of justice offence, the accused person would have been convicted.

(3) An acquittal is not a tainted acquittal if the conviction for the administration of justice offence is subject to appeal as of right.

(4) If the conviction for the administration of justice offence is, on appeal, quashed after the Court of Criminal Appeal has ordered the acquitted person to be retried under this Division because of the conviction, the person may apply to the Court to set aside the order and--

(a) to restore the acquittal that was quashed, or

(b) to restore the acquittal as a bar to the person being retried for the offence,

as the case requires.