Victorian Current Acts

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Determination of application where acquittal tainted

On an application under section 327H, the Court of Appeal may make any order referred to in section 327O in relation to a person who has been acquitted of an offence if the court is satisfied that—

        (a)     at the time the offence is alleged to have been committed, the offence was punishable by level 4 imprisonment (15 years maximum) or more (however the penalty is described); and

        (b)     the acquittal was tainted; and

        (c)     it is likely that a new trial for that offence would be fair, having regard to—

              (i)     the length of time since the offence is alleged to have been committed; and

              (ii)     whether there has been a failure on the part of the police or the prosecution to act with reasonable diligence or expedition with respect to the making of the application; and

              (iii)     any other matter that the court considers relevant.

S. 327M inserted by No. 81/2011 s. 17.

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