Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 383

   Verdict
(1)  Upon the trial of an indictment the jury may in any case –
(a) subject to the provisions of subsection (1) of section 381 , return a general verdict of "guilty" , or "not guilty" ;
(b) find specially upon all the facts necessary to enable the judge to pass judgment; or
(c) if they return a general verdict, find specially upon any question submitted to them by the judge.
(2)  If the jury acquit the accused person on the ground of insanity the verdict shall be that –
The accused committed the act [ or made the omission] charged, but is not guilty, on the ground that he was insane at the time so as not to be responsible according to law.
(3)  If in any case it appears to the judge that it is desirable that the jury should find specially upon all the facts necessary to enable him to give judgment, or upon any particular question, the judge may ask the jury to so find.
(4)  In any such case the judge shall inform the jury that it is their right to find a special verdict or to return a general verdict; and that they are not obliged to find specially upon any question (except as hereinbefore provided in the case of a person acquitted on the ground of insanity).
(5)  The jury may at any time before they leave the box correct any verdict which they have given, and may reconsider their verdict at the request of the court, but they are not bound to do so.
(6)  If an indictment is tried by a single judge in accordance with an order under section 361AA  –
(a) the judge may return any verdict or make any finding under this section that a jury may have made if the indictment had been tried by a jury; and
(b) before returning a verdict or making a finding under this section, the judge is to –
(i) take into account any warning that would have been given to a jury before returning the verdict or making the finding; and
(ii) as far as is practicable, use the same principles of law and procedure as would be used by a jury in returning the verdict or making the finding; and
(c) if the judge returns a verdict or makes a finding under this section, the judge is to record in the judgement for the trial the principles of law applied, and the findings of fact relied on, by the judge when returning the verdict or making the finding.



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