Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 355

   Pleas
(1)  An accused person may plead to an indictment –
(a) that he is guilty of the crime charged in the indictment; or, with the consent of the Crown, of any other crime of which he might be convicted upon such indictment;
(b) that he has already been acquitted or convicted –
(i) of the crime charged in the indictment;
(ii) upon an indictment upon which he might have been convicted of that crime;
(iii) of a crime arising out of the same facts and substantially the same crime as that charged in that indictment;
(iv) of any crime, an acquittal or conviction of which is, under the provisions of the Code, a bar to a prosecution for the crime charged in the indictment; or
(v) summarily, of an offence in respect of which he might have been indicted upon the charge to which he is called upon to plead;
(c) that he has received the Royal pardon for the crime charged in the indictment, or for any other crime of which he might be convicted thereon;
(d) that he is not guilty;
(e) that the court has no jurisdiction to try him for such crime; or
(f) for defamation, that the defamatory matter published by him was true, and that it was for the public benefit that such matter should be published at the time when, and in the manner in which, it was published.
(2)  An accused person may plead together any pleas under –
(a) paragraphs (a) and (c) ;
(b) paragraphs (b) and (c) ;
(c) paragraphs (b) and (e) ; or
(d) paragraphs (d) , (e) , and (f) –
of subsection (1) .
(3)  Where any plea or pleas under paragraphs (b) , (c) , or (e) of subsection (1) have been determined against an accused person, and he has not pleaded any other plea, he shall be called upon to plead afresh, and he may then plead under paragraph (d) of that subsection, with or without any other plea, not already pleaded, which may be joined therewith.
(4)  Every plea, other than the pleas of guilty or not guilty, shall be in writing, and shall be filed with the clerk of the court at the time it is pleaded.
(5)  Where 2 or more pleas may be pleaded together, the order in which they are pleaded shall be immaterial.



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