Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 390

   Definitions
(1)  In this Chapter –
acquittal  –
(a) includes –
(i) an acquittal in appeal proceedings in relation to a crime; and
(ii) an acquittal at the direction of a court; but
(b) does not include a verdict of not guilty on the ground of insanity;
administration of justice crime means a crime under Chapter X ;
Court means the Court of Criminal Appeal;
fresh and compelling evidence – see section 395 ;
interests of justice – see section 397 ;
serious crime means a crime punishable upon indictment listed in Appendix D;
tainted acquittal – see section 396 ;
very serious crime means a crime, or an attempt to commit a crime, under section 158 , a crime under section 159 , 185 or 240(4) or a crime under Part 2 of the Misuse of Drugs Act 2001 being a crime that relates to a trafficable quantity of a controlled substance.
(2)  For the purposes of this Chapter, the retrial of an acquitted person for a crime includes a trial if the crime is not the same as the crime of which the person was acquitted.
(3)  In this Chapter, a reference to the proceedings in which a person was acquitted includes, if they were appeal proceedings, a reference to the earlier proceedings to which the appeal related.



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