(4) If on the of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused engaged in conduct during that period which constitutes an offence against section 37 or 123, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly. (5) A person who is convicted or acquitted of an offence against subsection (1) not in respect of the circumstances concerned or the relevant period of 28 days subsequently be prosecuted for an offence against section 37, 37A, 123 or 123A. Pt 4 Div. 12 (Heading and s. 125B) inserted by No. 53/2016 s. 56. Division 12—Double jeopardy—recognised DVOs S. 125B inserted by No. 53/2016 s. 56. 125B No double jeopardy—recognised DVOs An accused person is not liable to be punished for an offence of contravening a family violence intervention order or a family violence safety notice if— accused person is a respondent to a family violence safety notice, a family violence intervention order or a recognised DVO; and
(4) If on the of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused engaged in conduct during that period which constitutes an offence against section 37 or 123, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly. (5) A person who is convicted or acquitted of an offence against subsection (1) not in respect of the circumstances concerned or the relevant period of 28 days subsequently be prosecuted for an offence against section 37, 37A, 123 or 123A. Pt 4 Div. 12 (Heading and s. 125B) inserted by No. 53/2016 s. 56. Division 12—Double jeopardy—recognised DVOs S. 125B inserted by No. 53/2016 s. 56. 125B No double jeopardy—recognised DVOs An accused person is not liable to be punished for an offence of contravening a family violence intervention order or a family violence safety notice if— accused person is a respondent to a family violence safety notice, a family violence intervention order or a recognised DVO; and
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