Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 61 Effect of indictment[s 584]made an offence would thereby have been committed, suchlast mentioned offence being itself of such a nature that aperson may be convicted of it upon an indictment charging theperson with doing the act or making the omission which theaccused person is alleged in the indictment to have attemptedto procure that other person to do or make.584 When evidence shows offence of similar nature(1) If, on the trial of a person charged with any indictable offence,the evidence establishes that the person is guilty of anotherindictable offence of such a nature that upon an indictmentcharging the person with it the person might have beenconvicted of the offence with which the person is actuallycharged, the person may be convicted of the offence withwhich the person is so charged.(2) A person so tried is not liable to be afterwards prosecuted forthe offence so established by the evidence, unless the courtbefore which the trial is had thinks fit to discharge the juryfrom giving any verdict, and to direct the accused person to beindicted for that offence; in which case the person may bedealt with in all respects as if the person had not been putupon trial for the offence with which the person is actuallycharged.585 Effect of convictionA person convicted under any of the provisions of sections575 to 584 is liable to the same punishment as if the personhad been convicted on an indictment charging the person withthe offence of which the person is actually convicted.586 Corrupt practicesIf, on the trial of a person charged with an indictable offencerelating to elections the evidence establishes that the person isnot guilty of the offence charged, but is guilty of an offencerelating to elections and punishable on summary conviction,Page 356 Current as at 1 December 2014