New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 63

63 Stay of execution of sentence pending determination of appeal

(1) This section applies to--

(a) any sentence, and

(b) any penalty, restitution, compensation, forfeiture, destruction, disqualification or loss or suspension of a licence or privilege that arises under an Act as a consequence of a conviction,

in respect of which an appeal or application for leave to appeal is made under this Act.

(2) The execution of any such sentence, and the operation of any such penalty, restitution, compensation, forfeiture, destruction, disqualification or loss or suspension of a licence or privilege, is stayed--

(a) except as provided by paragraphs (b) and (c), when notice of appeal is duly lodged, or

(b) in the case of an appellant whose appeal is the subject of an application for leave, when leave to appeal is granted, or

(c) in the case of an appellant who is in custody when the appeal is made or leave to appeal is granted, when the appellant is entitled to be released from custody on bail under section 14 of the Bail Act 2013 or bail is dispensed with under that Act.

(2A) Subsection (2) does not operate to stay a suspension or disqualification of a driver licence that arose as the consequence of a conviction if, immediately before the proceedings giving rise to the conviction, a suspension was in force under Division 4 of Part 7.4 of the Road Transport Act 2013 (or a former corresponding provision within the meaning of that Act) for the offence to which the conviction relates.

(2B) However, an appeal court may order that a suspension or disqualification referred to in subsection (2A) be stayed if the court considers a stay to be appropriate in the circumstances.

(2C) Subject to subsection (2A), subsection (2) operates to stay the operation of a disqualification of a driver licence that arises under an Act as a consequence of a conviction, whether the relevant appeal is against the conviction or the sentence imposed as a consequence of the conviction.

(3) Subject to any order of the appeal court, a stay of execution continues in force until the appeal is finally determined.

(4) Such an order is to be made only if the appeal court is satisfied, in proceedings on an application by the prosecutor, that the appellant has unduly delayed the appeal proceedings.

(5) In this section, a reference to an appellant who is in custody includes a reference to a person who is the subject of an intensive correction order or home detention order within the meaning of the Crimes (Administration of Sentences) Act 1999 .