New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 5D

5D Appeal by Crown against sentence

(1) The Attorney-General or the Director of Public Prosecutions may appeal to the Court of Criminal Appeal against any sentence pronounced by the court of trial in any proceedings to which the Crown was a party and the Court of Criminal Appeal may in its discretion vary the sentence and impose such sentence as to the said court may seem proper.

(1A) The Environment Protection Authority may appeal to the Court of Criminal Appeal against any sentence pronounced by the Supreme Court or the Land and Environment Court in any proceedings for an environmental offence (otherwise than on an appeal), if those proceedings have been instituted or carried on by, or on behalf of, the Environment Protection Authority. The Court of Criminal Appeal may impose such sentence as to it may seem proper.

(1B) A relevant regulator may appeal to the Court of Criminal Appeal against a sentence imposed by the Supreme Court or the District Court in proceedings, other than appeals, for a work health and safety offence if the proceedings were started or carried on by the relevant regulator.

(1C) If the Court of Criminal Appeal allows an appeal under subsection (1B), the Court may impose a sentence it considers appropriate.

(2) In this section, a reference to proceedings to which the Crown was a party includes a reference to proceedings instituted by or on behalf of--

(a) the Crown, or

(b) an entity within the meaning of the Government Sector Finance Act 2018 (or an entity belonging to a class) prescribed by the regulations to be an authority for the purposes of this section,

or by an officer or employee of such an authority acting in the course of his or her employment.

(2A) In this section, a reference to an environmental offence is a reference to an offence against the environment protection legislation as defined in the Protection of the Environment Administration Act 1991 .

(2B) In this section--

"relevant regulator" means--

(a) the NSW Resources Regulator, within the meaning of the Work Health and Safety (Mines and Petroleum Sites) Act 2013 , or

(b) SafeWork NSW.

"work health and safety offence" means an offence under--

(a) the Work Health and Safety Act 2011 , or

(b) the Work Health and Safety (Mines and Petroleum Sites) Act 2013 .

(3) This section does not apply to an appeal referred to in section 5DA or 5DC.