New South Wales Consolidated Acts

CRIMINAL APPEAL ACT 1912 - SECT 5DC

5DC Appeals by Crown against sentences imposed by Drug Court

(1) The Attorney General or the Director of Public Prosecutions may appeal to the Court of Criminal Appeal against 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.

(2) 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 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.

(3) 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 on appeal may pass a more severe sentence than the initial sentence imposed on the relevant offender under section 7A or 7B of that Act.

(4) The Court of Criminal Appeal may, in its discretion, do any one or more of the following:

(a) confirm, quash, set aside or vary the sentence,

(b) impose such sentence as the Court of Criminal Appeal may seem proper,

(c) exercise, by order, any power that the Drug Court might have exercised.

(5) Any sentence varied or imposed, or any order made, by the Court of Criminal Appeal under this section is to have the same effect and be enforced in the same manner as if it had been imposed by the Drug Court.

(6) On an appeal under this section against a sentence, new evidence or information may be given with the leave of the Court of Criminal Appeal. However, new evidence or information may be given by the prosecution only in exceptional circumstances.

(7) Except as provided by subsection (6), nothing in this section limits section 12.