Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 584

584 When evidence shows offence of similar nature

(1) If, on the trial of a person charged with any indictable offence, the evidence establishes that the person is guilty of another indictable offence of such a nature that upon an indictment charging the person with it the person might have been convicted of the offence with which the person is actually charged, the person may be convicted of the offence with which the person is so charged.

(2) A person so tried is not liable to be afterwards prosecuted for the offence so established by the evidence, unless the court before which the trial is had thinks fit to discharge the jury from giving any verdict, and to direct the accused person to be indicted for that offence; in which case the person may be dealt with in all respects as if the person had not been put upon trial for the offence with which the person is actually charged.