New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 2

2 Definitions

(1) In this Act, unless the context or subject-matter otherwise requires or indicates--

"Conviction" includes the following--

(a) a finding following an inquiry within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 by a court that a person is unfit to be tried for an offence,

(b) a finding of a court following a special hearing referred to in section 59(1)(c) or (d) of that Act.

"Court" means the Court of Criminal Appeal established by this Act.

"Court of trial" means any court from whose finding, sentence, order, or other determination, a person is by this Act entitled to appeal or to apply for leave to appeal.

"Indictment" includes any information presented or filed as provided by law for the prosecution of offenders.

"Prescribed" means prescribed by rules of court made under the authority of this Act.

"Registrar" means the registrar of the court.

"Sentence" means--

(a) any order made by the court of trial on convicting a person of an offence, including--

(i) any sentence of imprisonment (including any sentence of imprisonment the subject of an intensive correction order and any sentence of imprisonment whose execution is suspended), and

(ii) any community correction order, conditional release order or community service order, and

(iii) any good behaviour bond, and

(iv) any fine,

imposed under Part 2 of the Crimes (Sentencing Procedure) Act 1999 , or

(b) any order made by the court of trial in respect of a person under section 10 or 11 of the Crimes (Sentencing Procedure) Act 1999 on finding the person guilty of an offence, or

(c) any order made by the court of trial in respect of a person under section 12 or 17A of the Crimes (Sentencing Procedure) Act 1999 on convicting the person of an offence, or

(ca) any order made by the court of trial, after a person's conviction for an offence, revoking a good behaviour bond and any order made by the court of trial as a consequence of the revocation of the good behaviour bond, or

(d) any order made by the court of trial imposing a limiting term of imprisonment on a person following a special hearing under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and any other order or penalty made or imposed by the court of trial in respect of a person following a special hearing under that Act, or

(e) any order made by the court of trial in respect of a person following a special verdict of act proven but not criminally responsible, or

(f) any direction for compensation made by the court of trial in respect of a person under section 94 (Directions for compensation for injury) or 97 (Directions for compensation for loss) of the Victims Rights and Support Act 2013 , or

(g) any order for restitution made by the court of trial in respect of a person under section 43 of the Criminal Procedure Act 1986 , or

(h) any order for the payment of costs made by the court of trial in respect of a person under Division 3 or 4 of Part 5 of Chapter 4 of the Criminal Procedure Act 1986 , or

(i) any child protection registration order made under section 3D of the Child Protection (Offenders Registration) Act 2000 , or

and the power of the Court of Criminal Appeal to pass any such sentence includes power to make any such order or direction.

Note--: Part 29 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999 provides that certain home detention orders, community service orders and good behaviour bonds are taken to be intensive correction orders, community correction orders or conditional release orders.

"Special verdict of act proven but not criminally responsible" has the same meaning as in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 .

"The appellant" includes a person who has been convicted and desires to appeal under this Act.

(2) For the purposes of this Act, a sentence is imposed or passed on a person on conviction or on a finding of guilt even if it is imposed or passed after the conviction or finding of guilt or as a result of re-sentencing.

(3) For the purposes of this Act, a sentence imposed under Part 2 of the Crimes (Sentencing Procedure) Act 1999 includes a provisional sentence and a final sentence within the meaning of Division 2A of Part 4 of that Act.