Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 552J

552J Appeals against decision to decide charge summarily

(1) This section applies if a person is summarily convicted or sentenced under section 552A , 552B or 552BA .

(2) The grounds on which the person may appeal include that the Magistrates Court erred by deciding the conviction or sentence summarily.

(3) The grounds on which the Attorney-General may appeal against sentence include that the Magistrates Court erred by deciding the sentence summarily.

(4) On an appeal against sentence relying on a ground that the Magistrates Court erred by proceeding summarily, the court deciding the appeal may, if it decides to vary the sentence, impose the sentence the court considers appropriate up to the maximum sentence that could have been imposed if the matter had been dealt with on indictment.