Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 669A

669A Appeal by Attorney-General or Crown Law Officer

(1) The Attorney-General may appeal to the Court against any sentence pronounced by—

(a) the court of trial; or

(b) a court of summary jurisdiction in a case where an indictable offence is dealt with summarily by that court;

and the Court may in its unfettered discretion vary the sentence and impose such sentence as to the Court seems proper.

(1A) A Crown Law Officer may appeal to the Court against an order staying proceedings or further proceedings on an indictment.

(2) The Attorney-General may refer any point of law that has arisen at the trial upon indictment of a person in relation to any charge contained therein to the Court for its consideration and opinion thereon if the person charged has been—

(a) acquitted of the charge; or

(b) discharged in respect of that charge after counsel for the Crown, as a result of a determination of the court of trial on that point of law, has duly informed the court that the Crown will not further proceed upon the indictment in relation to that charge; or

(c) convicted, following a determination of the court of trial on that point of law—

(i) of a charge other than the charge that was under consideration when the point of law arose; or

(ii) of the same charge with or without a circumstance of aggravation.

(2A) The Attorney-General may refer to the Court for its consideration and opinion a point of law that has arisen at the summary trial of a charge of an indictable offence, if the person charged has been—

(a) acquitted of the charge at the summary trial; or

(b) discharged on the charge after the prosecution, because of a decision on the point of law by the court of trial, indicates to the court that it will not further proceed on the charge in the proceeding before the court; or

(c) convicted, following a determination of the court of trial on that point of law—

(i) of a charge other than the charge that was under consideration when the point of law arose; or

(ii) of the same charge with or without a circumstance of aggravation.

(3) Notice of the reference shall be given to the person acquitted or, as the case may be, discharged.

(4) Upon the reference the Court shall hear argument—

(a) by the Attorney-General or by counsel on the Attorney-General’s behalf; and

(b) if the person so desires, by the person acquitted or discharged or by counsel on his or her behalf;

and thereupon shall consider the point referred and furnish to the Attorney-General its opinion thereon.

(5) Where the reference relates to a trial in which the person charged has been acquitted or convicted, the reference shall not affect the trial of nor the acquittal or conviction of the person.

(6) If a person convicted summarily of an indictable offence appeals to a District Court judge under the Justices Act 1886 , section 222 or the Youth Justice Act 1992 , part 6 , division 9 , subdivision 3 , and, in relation to the same conviction, the Attorney-General appeals under this section—

(a) the convicted person’s appeal is, by force of this section, removed to the Court of Appeal; and

(b) both appeals must be heard together by the Court of Appeal.

(7) In this section—

"discharged" includes the dismissal or striking out of a charge at a summary trial.