Victorian Current Acts Victorian Current ActsS. 18(1) amended by No. 68/2009 s. 97(Sch. item 39.14).
(1) If a jury makes a finding under section 17(1)(a), the person is to be taken for all purposes to have been found not guilty at a criminal trial.
(2) A finding under section 17(1)(b) is to be taken for all purposes to be a finding at a criminal trial of not guilty because of mental impairment.
Note to s. 18(2) inserted by No. 7/2009 s. 425(c) (as amended by No. 68/2009 s. 54(k)).
Note
Section 24AA provides for appeals against a verdict of not guilty because of mental impairment.
(3) A finding under section 17(1)(c)—
(a) constitutes a qualified finding of guilt and does not constitute a basis in law for any conviction for the offence to which the finding relates; and
(b) constitutes a bar to further prosecution in respect of the same circumstances; and
S. 18(3)(c) amended by No. 68/2009 s. 97(Sch. item 39.14).
(c) is subject to appeal in the same manner as if the person had been convicted of the offence in a criminal trial.
(4) If a jury makes a finding under section 17(1)(c) [1] , the judge must—
S. 18(4)(a) amended by No. 68/2009 s. 97(Sch. item 39.14).
(a) declare that the person is liable to supervision under Part 5; or
S. 18(4)(b) amended by No. 68/2009 s. 97(Sch. item 39.14).
(b) order the person to be released unconditionally [2] .