Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.4 - Dangerous weapons  

Division 361 - International firearms trafficking  

SECTION 361.6   Double jeopardy and alternative verdicts  

Double jeopardy

(1)  
A person punished for an offence against this Division in respect of particular conduct cannot be punished for an offence against section 233BAB of the Customs Act 1901 in respect of that conduct.

Note:

A similar provision for the opposite case is set out in subsection 233BAB(7) of the Customs Act 1901 .

(2)  


A person who has been convicted or acquitted of an aggravated offence may not be convicted of a basic offence relating to the aggravated offence that is alleged to have been committed in the period during which the person was alleged to have committed the aggravated offence.

(3)  


However, subsection (2) does not prevent an alternative verdict under subsection (5) .

(4)  


A person who has been convicted or acquitted of a basic offence relating to an aggravated offence may not be convicted of the aggravated offence if any of the occasions relied on as evidence of the commission of the aggravated offence includes the conduct that constituted the basic offence. Alternative verdict - aggravated offence not proven

(5)  


If, on a trial for an aggravated offence, the trier of fact:

(a)  is not satisfied that the defendant is guilty of the aggravated offence; but

(b)  is satisfied beyond reasonable doubt that he or she is guilty of the basic offence relating to the aggravated offence;

it may find the defendant not guilty of the aggravated offence but guilty of the basic offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions

(6)  


In this section:

aggravated offence
means an offence against subsection 361.2(2) or 361.3(2) .

basic offence
relating to an aggravated offence means:

(a)  if the aggravated offence is an offence against subsection 361.2(2) - an offence against subsection 361.2(1) ; or

(b)  if the aggravated offence is an offence against subsection 361.3(2) - an offence against subsection 361.3(1) .




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