New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 9

9 Procedure after decision on annulment of conviction or sentence

(1) The Local Court must notify each of the interested parties of its decision as to an application for annulment or of its decision under section 4A.

(2) If its decision is to annul the relevant conviction or sentence, the Local Court--

(a) must deal with the original matter afresh (either immediately or at a later date), and

(b) unless it does so immediately, must notify each of the interested parties of the date, time and place fixed for dealing with the original matter.

(3) The Local Court is to deal with the original matter as if no conviction or sentence had been previously made or imposed.

(4) The original matter need not be dealt with by the Magistrate who ordered the annulment of the conviction or sentence, but may be dealt with by any Magistrate, including the Magistrate by whom the matter was dealt with in the original Local Court proceedings.

(5) In this section,
"original matter" , in relation to a conviction or sentence that has been annulled, means the matter the subject of the proceedings from which the conviction or sentence arose.