CRIMINAL APPEAL ACT 1912 - SECT 5DC
Appeals by Crown against sentences imposed by Drug Court
CRIMINAL APPEAL ACT 1912 - SECT 5DC
Appeals by Crown against sentences imposed by Drug Court
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--
(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.