Victorian Current Acts Victorian Current Acts(1) Nothing in the Crimes Act 1958 affects the power of the trial judge, in a trial by judge alone, to return a verdict of not guilty because of mental impairment on a charge of murder of a child.
Note
Section 6(3) of the Crimes Act 1958 provides similarly for trials by jury.
(2) If a provision of the Crimes Act 1958 specified in subsection (3) requires or permits a jury to take an action set out in the provision on being satisfied (or not satisfied) as described in the provision, the effect of that provision in a judge alone trial is that it requires or permits the trial judge to take that action on being satisfied (or not satisfied) as described in the provision.
(3) The specified provisions are—
(a) section 6B(1) and (2); and
(b) section 49J(7); and
(c) section 77C; and
(d) section 88A; and
(e) section 93(2); and
(f) section 325(2); and
(g) section 422(1) and (2); and
(h) section 422A(1) and (1A); and
(i) section 426; and
(j) section 427(1) and (2); and
(k) section 428; and
(l) section 429; and
(m) section 435.
New s . 420ZD inserted by No. 11/2022 s. 3.