Section 414 — Crimes Act 1961: Repealed enactment continues to have effect

414 Repealed enactment continues to have effect (1) The repealed enactment referred to in section 413(a) continues to have effect for the purposes of the proceedings. (2) The defendant may be found guilty or convicted of the offence created by the repealed enactment if the defendant’s act or omission— (a) would have constituted an offence under both the repealed enactment and the new enactment referred to in section 413(a) ; and (b) occurred on a date that cannot be established with certainty but that is established to have occurred either after the commencement of the repealed enactment and before its repeal or after the commencement of the new enactment and before its repeal. (3) If subsection (1) applies, the defendant is entitled to raise any defence to the repealed enactment that the defendant would be entitled to raise under the new enactment, if that defence is relevant to the repealed enactment. (4) A defendant found guilty or convicted, in accordance with this section, of an offence created by the repealed enactment is liable to a maximum penalty which is the lesser of that prescribed for the offence of which the defendant is found guilty or convicted and that prescribed for the corresponding offence created under the new enactment. Section 414: added, on 26 June 2008, by section 17 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).