New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 5DB

5DB Appeals by Crown against sentences for related or back up summary offences in criminal cases dealt with by Supreme Court or District Court

(1) The Attorney General or the Director of Public Prosecutions may appeal to the Court of Criminal Appeal against any sentence imposed by the Supreme Court or District Court on the conviction of a person for an offence in the exercise of its jurisdiction under Division 7 of Part 3 of Chapter 3 of the Criminal Procedure Act 1986 .

(2) The Court of Criminal Appeal may, in its discretion, do any one or more of the following--

(a) confirm, quash, set aside or vary the sentence,

(b) impose such sentence as to the Court of Criminal Appeal may seem proper,

(c) exercise, by order, any power that the Supreme Court or District Court might have exercised.

(3) Any sentence varied or imposed, or any order made, by the Court of Criminal Appeal under this section is to have the same effect and be enforced in the same manner as if it had been imposed by the Supreme Court or District Court.

(4) The Court of Criminal Appeal may not--

(a) vary a sentence so that the sentence as varied could not have been imposed by the Supreme Court or District Court, or

(b) impose a sentence that could not have been imposed by the Supreme Court or District Court,

as the case may be.

(5) The power of the Court of Criminal Appeal to hear and determine an appeal under this section is to be exercised by such single judge of the Supreme Court as the Chief Justice may direct unless--

(a) the judge considers that the appeal should be dealt with by 2 or more judges and notifies the Chief Justice accordingly, or

(b) an appeal is lodged under this Act in relation to the related indictable offence.

(6) On an appeal under this section against a sentence, new evidence or information may be given with the leave of the Court of Criminal Appeal. However new evidence or information may be given by the prosecution only in exceptional circumstances.

(7) Except as provided by subsection (6), nothing in this section limits section 12.