Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 107

107 Meaning of quash a conviction

(1)
"Quash" includes set aside and rescind.

Editor’s note—

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.