Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 401

   Right of appeal
(1)  A person convicted before a court of trial may appeal to the Court
(a) against his conviction on any ground which involves a question of law;
(b) with the leave of the Court, or upon the certificate of the judge of the court of trial that it is a fit case for appeal, against his conviction upon a ground of appeal –
(i) which involves a question of fact alone;
(ii) which involves a mixed question of fact and law;
(iii) which appears to the Court to be a sufficient ground of appeal; and
(c) against the sentence passed on his conviction, unless the sentence is one fixed by law.
(2)  The Attorney-General may appeal to the Court
(a) against an order arresting judgment;
(b) by leave of the Court or upon the certificate of the judge of the court of trial that it is a fit case for appeal, against an acquittal on a question of law;
(ba) by leave of the Court, against a stay of proceedings; or
(bb) in respect of an indictment tried by a single judge in accordance with an order under section 361AA  –
(i) against a decision of a question of law or a question of fact; or
(ii) against a verdict, on the ground that it is unreasonable or cannot be supported having regard to the evidence; or
(c) against the sentence;
(d) by leave of the Court or the trial judge, against an order quashing an indictment; or
(e) by leave of the Court or the trial judge, against an order upholding a demurrer.
(3)  For the purposes of subsection (2)(c) , sentence , in relation to –
(a) a person convicted on indictment, includes an order under the Sentencing Act 1997 ; or
(b) a person convicted under the provisions of section 331C , includes an order under the Sentencing Act 1997 .



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