New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 5AA

5AA Appeal in criminal cases dealt with by courts in their summary jurisdictions

(1) A person--

(a) convicted of an offence, or

(b) against whom an order to pay any costs is made, or whose application for an order for costs is dismissed, or

(c) in whose favour an order for costs is made,

by the Supreme Court in its summary jurisdiction may appeal under this Act to the Court of Criminal Appeal against the conviction (including any sentence imposed) or order.

(1A) An appeal against an order referred to in subsection (1) (c) may only be made with the leave of the Court of Criminal Appeal.

(2) For the purposes of this Act, a person for whom a special verdict of act proven but not criminally responsible is entered is, if the defence of mental health impairment or cognitive impairment was not set up as a defence by the person, taken to be a person convicted and an order to keep the person in custody is taken to be a sentence.

(4) The Court of Criminal Appeal in proceedings before it on an appeal under this section may--

(a) confirm the determination made by the Supreme Court in its summary jurisdiction, or

(b) order that the determination made by the Supreme Court in its summary jurisdiction be vacated and--

(i) make any determination that the Supreme Court in its summary jurisdiction could have made on the evidence heard on appeal, or

(ii) order a new trial in such manner as the Court of Criminal Appeal thinks fit.

(5) Section 7 (4) applies to an appellant on an appeal under subsection (1) in the same way as it applies to an appellant on an appeal under section 5 (1).

(6) Provisions shall be made by rules of court for detaining an appellant on an appeal under subsection (1) who has been sentenced to imprisonment until the appeal has been determined, or for ordering the appellant into any former custody.

(7) This section applies to and in respect of the District Court in its summary jurisdiction in the same way as it applies to and in respect of the Supreme Court in its summary jurisdiction.