New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 3

3 Definitions

(1) In this Act--

"acquittal" includes--

(a) an acquittal in appeal proceedings in respect of an offence, and

(b) an acquittal at the direction of a court.

"appeal court" means the court to which an appeal or application for leave to appeal may be made under Part 3, 4 or 5.

"appellant" , in relation to proceedings on an application for leave to appeal, includes the applicant in those proceedings.

"defendant" , in relation to proceedings from which an appeal or application for leave to appeal is made, means the person against whom those proceedings have been taken.

"environmental offence" means an offence for which summary proceedings may be taken before the Land and Environment Court, whether or not summary proceedings for such an offence may also be taken before any other court, and includes any offence arising under the environment protection legislation within the meaning of the Protection of the Environment Administration Act 1991 .

"exercise" a function includes perform a duty.

"fresh evidence" , in relation to appeal proceedings, means evidence in addition to or in substitution for the evidence given in the proceedings from which the appeal proceedings have arisen.

"function" includes a power, authority or duty.

"Local Court" includes--

(a) a Children's Court constituted under the Children's Court Act 1987 , and

(d) any court that is constituted by a Magistrate and that exercises criminal jurisdiction, and

(e) any Magistrate or court that exercises any function or jurisdiction under Chapter 3 (Part 3 excepted), Chapter 4 (Part 5 excepted) or Chapter 5 of the Criminal Procedure Act 1986 .

"original Local Court proceedings" means the proceedings in the Local Court that involved the making or imposition of a conviction, sentence or order from which the proceedings under this Act arise.

"prosecutor" , in relation to proceedings from which an appeal or application for leave to appeal is made, means the person responsible for the conduct of the prosecution in those proceedings.

"public authority" means--

(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 a public authority for the purposes of this Act, or

(c) an officer or employee of such an authority acting in the course of his or her employment.

"sentence" means--

(a) any order made by the Local Court in respect of a person as a consequence of its having convicted the person of an offence, including--

(i) any sentence of imprisonment (including any sentence of imprisonment the subject of an intensive correction order or home detention order), and

(ii) any community service order, good behaviour bond or fine, and

(iia) any community correction order or conditional release order, and

(iii) any order suspending execution of a sentence of imprisonment under section 12 of the Crimes (Sentencing Procedure) Act 1999 , and

(iiia) any non-association order or place restriction order under section 17A of the Crimes (Sentencing Procedure) Act 1999 , and

(iv) any direction for compensation under section 94 (Directions for compensation for injury) or 97 (Directions for compensation for loss) of the Victims Rights and Support Act 2013 , and

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

(v) any order or direction with respect to restitution, compensation, forfeiture, destruction, disqualification or loss or suspension of a licence or privilege, or

(b) any order made by the Local Court 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

(ba) any order made by the Local Court revoking a good behaviour bond and any order made as a consequence of the revocation of the good behaviour bond, or

(c) any order for restitution made by the Local Court in respect of a person under section 43 of the Criminal Procedure Act 1986 , or

(d) any order for costs made by a Magistrate against a person in connection with committal proceedings taken against the person, or

(e) any order for costs made by the Local Court against a person in connection with summary proceedings taken against the person, or

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In the case of an application or appeal in relation to a decision of the Children's Court under Part 3 of the Children (Criminal Proceedings) Act 1987 --

(a) a reference in this Act to a
"conviction" includes a reference to a finding of guilt under that Act, and

(b) a reference in this Act to a
"sentence" includes a reference to an order made on the finding of guilt under that Act.

(3) In this Act, a reference to
"varying a sentence" includes--

(a) a reference to varying the severity of the sentence, and

(b) a reference to setting aside the sentence and imposing some other sentence of a more or less severe nature, and

(c) a reference to varying or revoking a condition of, or imposing a new condition on, an intensive correction order, community correction order or conditional release order.

(3A) Without limiting subsection (3), a power conferred on an appeal court under this Act to vary a sentence includes the power to make an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 and, for that purpose, to set aside a conviction made by the original Local Court (without setting aside the finding of guilt on which the conviction is based) to enable the order to be made.

(4) Notes included in the text of this Act do not form part of this Act.