New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT ACT 2003 - SCHEDULE 7

SCHEDULE 7 – Amendment of Criminal Appeal Act 1912 No 16

(Section 3)

[1] Section 2 Definitions

Insert "or 11" after "10" in paragraph (b) of the definition of "Sentence" in section 2 (1).

[2] Section 2 (1), definition of "Sentence"

Omit "11, 12 or 17A" from paragraph (c). Insert instead "12 or 17A".

[3] Section 7 Powers of court in special cases

Omit section 7 (1A). Insert instead:

(1A) If on an appeal against a sentence under section 5 (1), 5D, 5DA or 5DB, the court quashes or varies the sentence passed at trial on any count or part of an indictment, the court may quash or vary any other sentence passed at the trial:

(a) in relation to any offence charged in any other count or part of the same indictment, or

(b) in relation to any offence charged in any count or part of any other indictment, or

(c) in relation to any offence dealt with under section 105 of the Criminal Procedure Act 1986 , or

(d) in relation to any back up offence or related offence dealt with under section 167 of the Criminal Procedure Act 1986 ,

and pass such sentence, whether more or less severe, in substitution for the other sentence as the court thinks proper, and as may be warranted in law, in respect of the offence.

Note: Items [1] and [2] amend the definition of "Sentence" in section 2 (1) of the Criminal Appeal Act 1912 so as to recognise that orders under section 11 of the Crimes (Sentencing Procedure) Act 1999 (formerly made on conviction) are now made on a finding of guilt.
Section 7 (1A) of the Criminal Appeal Act 1912 allows the Court of Criminal Appeal, when quashing or varying a sentence the subject of an appeal, to quash or vary other sentences passed in connection with the same indictment. Item [3] amends section 7 (1A) so as to allow the Court to also quash or vary other sentences passed at the same time.