"appeal court" means the court to which an appeal or application for leave to
appeal may be made under Part 3, 4 or 5.
"appellant" , in relation to proceedings on an application for leave to
appeal, includes the applicant in those proceedings.
"defendant" , in relation to proceedings from which an appeal or application
for leave to appeal is made, means the person against whom those proceedings
have been taken.
"environmental offence" means an offence for which summary proceedings may be
taken before the Land and Environment Court, whether or not summary
proceedings for such an offence may also be taken before any other court, and
includes any offence arising under the environment protection legislation
within the meaning of the Protection of the Environment Administration Act
1991 .
"fresh evidence" , in relation to appeal proceedings, means evidence in
addition to or in substitution for the evidence given in the proceedings from
which the appeal proceedings have arisen.
"original Local Court proceedings" means the proceedings in the Local Court
that involved the making or imposition of a conviction, sentence or order from
which the proceedings under this Act arise.
"prosecutor" , in relation to proceedings from which an appeal or application
for leave to appeal is made, means the person responsible for the conduct of
the prosecution in those proceedings.
"public authority" means--
(a) the Crown, or
(b) an authority within the
meaning of the Public Finance and Audit Act 1983 , or
(c) an officer or
employee of such an authority acting in the course of his or her employment.
"sentence" means--
(a) any order made by the Local Court in respect of a
person as a consequence of its having convicted the person of an offence,
including--
(i) any sentence of imprisonment (including any sentence of
imprisonment the subject of an intensive correction order or home detention
order), and
(ii) any community service order, good behaviour bond or fine,
and
(iia) any community correction order or conditional release order, and
(iv) any direction for
compensation under section 94 (Directions for compensation for injury) or 97
(Directions for compensation for loss) of the Victims Rights and Support Act
2013 , and
(v) any order
or direction with respect to restitution, compensation, forfeiture,
destruction, disqualification or loss or suspension of a licence or privilege,
or
(ba) any order made by the Local Court
revoking a good behaviour bond and any order made as a consequence of the
revocation of the good behaviour bond, or
(a) a reference in
this Act to a
"conviction" includes a reference to a finding of guilt under that Act, and
(b) a reference in this Act to a
"sentence" includes a reference to an order made on the finding of guilt under
that Act.
(3) In this Act, a reference to
"varying a sentence" includes--
(a) a reference to varying the severity of the
sentence, and
(b) a reference to setting aside the sentence and imposing some
other sentence of a more or less severe nature, and
(c) a reference to
varying or revoking a condition of, or imposing a new condition on, an
intensive correction order, community correction order or conditional release
order.
