Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23FH

Court's verdict if no case to answer

  (1)   This section applies if:

  (a)   after the close of the prosecutor's case for a count in the indictment in relation to the accused; and

  (b)   before the jury delivers its verdict for the count in relation to the accused;

the Court finds the accused has no case to answer in relation to the count.

  (2)   The Court must:

  (a)   enter a judgment of acquittal for the count in relation to the accused; and

  (b)   discharge the accused in relation to the count.

  (3)   The Court must not direct the jury to deliver a verdict for the count in relation to the accused.


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