New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 14A

14A Crown appeals--absence of respondent

(1) A Crown appeal may be dealt with, and the court may pass any sentence under this Act, in the absence of the respondent if the court is satisfied--

(a) that--

(i) the respondent has been given notice of the date on which the appeal is to be heard, or

(ii) although the notice of appeal was served on the respondent, the respondent has not been given notice of the date on which the appeal is to be heard because the respondent's whereabouts are unknown, and

(b) that it would not be unjust to deal with the appeal, and pass sentence, in the absence of the respondent.

(2) If on a Crown appeal the court decides to impose on a respondent, in the absence of the respondent, a sentence of imprisonment by way of full-time detention, and the respondent is not in custody at the time of that decision, the court may decline to specify a commencement date for the sentence until the respondent appears before the court for sentencing.

(3) If the court declines to specify a commencement date for a sentence under this section--

(a) sections 47 and 48 of the Crimes (Sentencing Procedure) Act 1999 do not apply until the respondent appears before the court for sentencing, and

(b) when the respondent appears before the court for sentencing, sections 47 and 48 of the Crimes (Sentencing Procedure) Act 1999 apply in respect of the sentence as if the sentence were imposed by the court on the day the respondent so appears.

(4) The court may, for the purpose of disposing of proceedings on a Crown appeal, or imposing a sentence in such proceedings (including specifying the commencement date for a sentence), issue a warrant to arrest a respondent if the respondent fails to appear before it and the court is satisfied--

(a) that the respondent has been given notice of the date on which the proceedings were to be disposed of, or the sentence imposed, or

(b) that attempts to give such notice have failed because the respondent's whereabouts are unknown.

(5) Part 4 of Chapter 4 of the Criminal Procedure Act 1986 applies, with any necessary modifications, to warrants issued by the court under this section in the same way as it applies to warrants issued in proceedings to which that Part applies.

(6) In this section--

"Crown appeal" means an appeal under section 5C, 5D, 5DA, 5DB or 5DC.