New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 65

65 Appeal not to succeed on narrow technical grounds

(1) A conviction, order or sentence is not to be set aside on an appeal merely because of--

(a) an omission or mistake in the form of the conviction or order, or

(b) an error in law in the order or sentence,

if it appears to the appeal court that there were sufficient grounds before the Local Court to have authorised a conviction, order or sentence free from the omission, mistake or error.

(2) In such a case, the appeal court--

(a) may amend the conviction, order or sentence and determine the appeal as if the omission, mistake or error did not exist, or

(b) may remit the matter to the Local Court to make the conviction or order, or impose the sentence, authorised by law and to amend the conviction, order or sentence accordingly.