New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Appeal and Review)
Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (Appeal and Review) Act 2001
No 120 3
Schedule 2 Amendment of other Acts 6
b2008-116-25.d11
New South Wales
Crimes (Appeal and Review)
Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Crimes (Appeal and Review) Act 2001 to make further provision
with respect to appeals and applications for annulments; and for other purposes.
Clause 1 Crimes (Appeal and Review) Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Appeal and Review) Amendment Act 2009. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
provided by subsection (2). 6
(2) Schedule 1 [15] to this Act commences on a day to be appointed by 7
proclamation. 8
Page 2
Crimes (Appeal and Review) Amendment Bill 2009
Amendment of Crimes (Appeal and Review) Act 2001 No 120 Schedule 1
Schedule 1 Amendment of Crimes (Appeal and 1
Review) Act 2001 No 120 2
[1] Section 3 Definitions 3
Insert after section 3 (3): 4
(3A) Without limiting subsection (3), a power conferred on an appeal 5
court under this Act to vary a sentence includes the power to 6
make an order under section 10 of the Crimes (Sentencing 7
Procedure) Act 1999 and, for that purpose, to set aside a 8
conviction made by the original Local Court (without setting 9
aside the finding of guilt on which the conviction is based) to 10
enable the order to be made. 11
[2] Section 11 Appeals as of right 12
Insert "(or both)" after "sentence" in section 11 (1). 13
[3] Section 11 (1B) 14
Insert after section 11 (1A): 15
(1B) Any person whose application under section 4 for annulment of 16
a sentence has been refused by the Local Court may appeal to the 17
District Court against the sentence. 18
[4] Section 11A Appeals as of right against Local Court's refusal of 19
application for annulment of conviction 20
Omit "or sentence" from section 11A (1) and (3), wherever occurring. 21
[5] Section 16A Determination of appeals against Local Court's refusal of 22
application for annulment of conviction 23
Omit "the sentence concerned" from section 16A (2). 24
Insert instead "any sentence relating to the conviction concerned". 25
[6] Section 18 Appeals against conviction to be by way of rehearing on the 26
evidence 27
Omit section 18 (1). Insert instead: 28
(1) An appeal against conviction is to be by way of rehearing on the 29
basis of evidence given in the original Local Court proceedings, 30
except as provided by section 19. 31
[7] Section 18 (3) 32
Omit "certified". 33
Page 3
Crimes (Appeal and Review) Amendment Bill 2009
Schedule 1 Amendment of Crimes (Appeal and Review) Act 2001 No 120
[8] Section 20 Determination of appeals 1
Insert at the end of section 20 (1) (b): 2
, or 3
(c) in the case of an appeal made with leave under section 4
12 (1)--by setting aside the conviction and remitting the 5
matter to the original Local Court for redetermination in 6
accordance with any directions of the District Court. 7
[9] Section 34 Lodgment of appeals and applications for leave to appeal 8
Omit "registrar of any Local Court" from section 34 (1) (a) and (3) (a), 9
wherever occurring. 10
Insert instead "Registrar of the Land and Environment Court". 11
[10] Section 37 Appeals to be by way of rehearing on the evidence 12
Omit section 37 (1). Insert instead: 13
(1) An appeal against conviction is to be by way of rehearing on the 14
basis of evidence given in the original Local Court proceedings, 15
except as provided by section 38. 16
[11] Section 37 (3) 17
Omit "certified". 18
[12] Section 39 Determination of appeals 19
Insert at the end of section 39 (1) (b): 20
, or 21
(c) in the case of an appeal made with leave under section 22
32 (1)--by setting aside the conviction and remitting the 23
matter to the original Local Court for redetermination in 24
accordance with any directions of the Land and 25
Environment Court. 26
[13] Section 44 Lodgment of appeals and applications for leave to appeal 27
Omit "any Local Court" from section 44 (1) and (3), wherever occurring. 28
Insert instead "the Land and Environment Court". 29
[14] Section 48 Determination of appeals 30
Insert after section 48 (2): 31
(3) The Land and Environment Court may determine an appeal 32
against an order referred to in section 42 (2B): 33
Page 4
Crimes (Appeal and Review) Amendment Bill 2009
Amendment of Crimes (Appeal and Review) Act 2001 No 120 Schedule 1
(a) by setting aside the order and making such other order as 1
it thinks just, or 2
(b) by setting aside the order and remitting the matter to the 3
original Local Court for redetermination in accordance 4
with any directions of the Land and Environment Court, or 5
(c) by dismissing the appeal. 6
[15] Section 63 Stay of execution of sentence pending determination of 7
appeal 8
Insert after section 63 (2): 9
(2A) Subsection (2) does not operate to stay a suspension or 10
disqualification of a driver licence that arose as the consequence 11
of a conviction if, immediately before the proceedings giving rise 12
to the conviction, a suspension was in force under Division 4 of 13
Part 5.4 of the Road Transport (General) Act 2005 for the offence 14
to which the conviction relates. 15
(2B) However, an appeal court may order that a suspension or 16
disqualification referred to in subsection (2A) be stayed if the 17
court considers a stay to be appropriate in the circumstances. 18
[16] Section 72 Orders for costs 19
Omit section 72 (a). 20
[17] Schedule 1 Savings, transitional and other provisions 21
Insert at the end of clause 1 (1): 22
Crimes (Appeal and Review) Amendment Act 2009 23
[18] Schedule 1, Part 7 24
Insert after Part 6: 25
Part 7 Provision consequent on enactment of 26
Crimes (Appeal and Review) Amendment 27
Act 2009 28
15 Application of amendments 29
Any amendment made by the Crimes (Appeal and Review) 30
Amendment Act 2009 applies only in respect of appeals, 31
applications for leave to appeal and applications for annulment 32
made after the commencement of the amendment. 33
Page 5
Crimes (Appeal and Review) Amendment Bill 2009
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Crimes (Domestic and Personal Violence) Act 2007 No 80 2
[1] Section 84 Review and appeal provisions concerning making etc of 3
apprehended violence orders 4
Omit "or sentence" from section 84 (1) and (3) (a), wherever occurring. 5
[2] Section 84 (1A) and (1B) 6
Insert after section 84 (1): 7
(1A) A person who applied to a Local Court or the Children's Court 8
for an apprehended violence order may apply to the Court for the 9
annulment of the dismissal of the application for the order by the 10
Court, but only if the person was not in attendance before the 11
Court when the application was dismissed. 12
(1B) A Local Court or the Children's Court may grant an application 13
for an annulment made under subsection (1A) if it is satisfied 14
that, having regard to the circumstances of the case, there is just 15
cause for doing so. If such an application is granted, the Court 16
may deal with the application for the apprehended violence order 17
as if the application for the order had not been dismissed. 18
[3] Section 84 (5B) 19
Insert after section 84 (5A): 20
(5B) If the District Court allows an appeal made under this section 21
against the refusal to annul an apprehended violence order and 22
remits the matter to the Local Court, the District Court must, 23
unless the District Court is satisfied that it is not necessary to do 24
so, make an interim court order under Part 6 as if an application 25
for such an order had been duly made. 26
2.2 Criminal Procedure Act 1986 No 209 27
Section 182 Written pleas 28
Omit section 182 (3). Insert instead: 29
(3) An accused person who lodges a notice under this section with 30
the registrar not later than 7 days before the date on which the 31
person is required to first attend before a Local Court: 32
(a) is not required to attend the Court on that date, and 33
(b) is taken to have attended the Court on that date. 34
Page 6
Crimes (Appeal and Review) Amendment Bill 2009
Amendment of other Acts Schedule 2
2.3 Local Court Act 2007 No 93 1
Section 70 Appeals 2
Omit "sentence" from section 70 (1), (3) and (4), wherever occurring. 3
Insert instead "conviction". 4
2.4 Local Courts Act 1982 No 164 5
Section 64 Appeals 6
Omit "sentence" from section 64 (1), (2) and (3), wherever occurring. 7
Insert instead "conviction". 8
Page 7
[Index] [Search] [Download] [Related Items] [Help]