Victorian Current Acts Victorian Current Acts(1) Section 125A(4) of the Family Violence Protection Act 2008 does not apply to a trial by judge alone for an offence against section 125A(1) of that Act. Subsection (2) applies instead.
(2) If, in a trial by judge alone for an offence against section 125A(1) of the Family Violence Protection Act 2008 , the trial judge—
(a) is not satisfied that the accused is guilty of that offence; but
(b) is satisfied that the accused engaged in conduct which constitutes an offence against section 37 or 123 of that Act during the period described in section 125A(2)(b) of that Act—
the trial judge must acquit the accused of the offence against section 125A(1) of that Act but may find the accused guilty of the offence against section 37 or 123 of that Act and the accused is liable to punishment accordingly.
New s . 420ZF inserted by No. 11/2022 s. 3.