South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 5

5—Meaning of convicted of an offence

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

            (a)         the person is convicted, whether summarily or on indictment, of the offence (and in such a case the "conviction day" for the purposes of this Act is the day on which the person was convicted, whether or not the court passed sentence on that day); or

            (b)         the person is charged with, and found guilty of, the offence but is discharged without conviction (and in such a case the "conviction day for the purposes of this Act is the day on which the person was discharged without conviction); or

            (c)         a court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence (and in such a case the "conviction day" for the purposes of this Act is the day on which the court took the offence into account in passing the sentence); or

            (d)         the person absconds in connection with the offence (and in such a case the "conviction day" for the purposes of this Act is the day on which the person is taken to have absconded); or

            (e)         a court has, under Part 8A Division 2 of the Criminal Law Consolidation Act 1935 , recorded findings that—

                  (i)         the person is mentally incompetent to commit the offence; and

                  (ii)         the objective elements of the offence are established,

(and in such a case the "conviction day" for the purposes of this Act is the day on which the court recorded those findings or, if those findings were recorded on different days, the later of the days); or

            (f)         a court has, under Part 8A Division 3 of the Criminal Law Consolidation Act 1935 , recorded findings that—

                  (i)         the person is mentally unfit to stand trial on a charge of the offence; and

                  (ii)         the objective elements of the offence are established,

(and in such a case the "conviction day" for the purposes of this Act is the day on which the court recorded those findings or, if those findings were recorded on different days, the later of the days).

        (2)         If subsection (1)(d), (1)(e) or (1)(f) applies to a person, the person is taken—

            (a)         to have committed the offence; and

            (b)         to have been convicted of the offence before an appropriate court.