Section 378B — Crimes Act 1961: Meaning of terms used in sections 378C and 378D

378B Meaning of terms used in sections 378C and 378D (1) In sections 378C and 378D ,— acquittal — (a) includes— (i) a discharge under section 347 or 369A ; and (ii) the setting aside of a conviction on appeal, without an order for retrial; and (iii) the quashing of a count under section 345(4) or (5); but (b) does not include a discharge without conviction acquitted person means a person who has previously been acquitted of a specified serious offence specified serious offence , in relation to an acquitted person,— (a) means an offence that is punishable by a term of imprisonment of 14 years or more and for which the person has previously been acquitted; and (b) includes any offence for which the person may not be tried because of that acquittal. (2) For the purposes of sections 378C and 378D , evidence is new if— (a) it was not given in the proceedings that resulted in the acquittal of the acquitted person; and (b) it could not, with the exercise of reasonable diligence, have been given in those proceedings. (3) For the purposes of sections 378C and 378D , evidence is compelling if— (a) it is a reliable and substantial addition to the evidence given in the proceedings that resulted in the acquittal of the acquitted person; and (b) it implicates the acquitted person with a high degree of probability in the commission of the specified serious offence. Section 378B: inserted, on 26 June 2008, by section 6 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).