New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 5AF

5AF Appeals by offenders against sentences imposed by the Drug Court

(1) Section 5AA applies to and in respect of a person sentenced by the Drug Court in relation to a sentence imposed by the Drug Court:

(a) in the exercise of its jurisdiction under section 7D, 7E or 12 of the Drug Court Act 1998 , or

(b) in the exercise under section 24 (1) (a) of the Drug Court Act 1998 of the criminal jurisdiction of the District Court, or

(c) in the exercise under section 24 (1) (b) of the Drug Court Act 1998 of the criminal jurisdiction of the Local Court,

in the same way as it applies to a person referred to in section 5AA (1).

(2) For the purposes of this section, a reference in section 5AA to the Supreme Court is to be construed as including a reference to the Drug Court.

(3) The power of the Court of Criminal Appeal to hear and determine an appeal under this section is to be exercised:

(a) in relation to an appeal against a sentence for an indictable offence-by such 2 or 3 judges of the Supreme Court as the Chief Justice may direct, or

(b) in relation to an appeal against a sentence for a summary offence-by such single judge of the Supreme Court as the Chief Justice may direct unless the judge, on the application of either party or of his or her own motion, considers that the appeal raises matters of principle or it is otherwise in the interests of justice for the appeal to be dealt with by the full Court of Criminal Appeal and notifies the Chief Justice accordingly, in which case the appeal is to be heard and determined by such 3 or more judges of the Supreme Court as the Chief Justice may direct.

(4) Despite section 12 (4) of the Drug Court Act 1998 , on an appeal against a final sentence imposed by the Drug Court under section 12 of that Act, the Court of Criminal Appeal may pass a more severe sentence than the initial sentence imposed on the relevant offender under section 7A or 7B of that Act.