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CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 50
Limits on appeals
50 Limits on appeals
(1) No appeal may be made to the Land and Environment Court under this Part
against a decision of the Local Court-- (a) that is or has previously been the
subject of an appeal or application for leave to appeal to the Land and
Environment Court under this Part, or
(b) that is or has previously been the
subject of an appeal or application for leave to appeal to the Supreme Court
under Part 5.
(2) Subsection (1) (b) does not prevent a person who has made
an appeal or application for leave to appeal to the Supreme Court under Part 5
from making an appeal or application for leave to appeal to the Land and
Environment Court under this Part if-- (a) the Supreme Court has remitted the
matter on appeal to the Local Court for redetermination, and the Local Court
has redetermined the matter, or
(b) the Supreme Court has refused leave to
appeal in relation to-- (i) an appeal made on a ground of mixed law and fact,
or
(ii) an appeal with respect to an environmental offence.
(3) No
application to set aside or vary any conviction or sentence of the Local Court
that could be the subject of an appeal under this Part may be made to the Land
and Environment Court (whether in its civil or criminal jurisdiction) except
by way of an appeal under this Part.
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