New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 26

26 Appeals against sentence to be by way of rehearing of evidence

(1) An appeal against sentence is to be by way of a rehearing of the evidence given in the original Local Court proceedings, although fresh evidence may be given in the appeal proceedings, but only by leave of the District Court.

(2) Leave to give fresh evidence may be granted to the Director of Public Prosecutions only in exceptional circumstances.