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JUSTICES ACT 1902 - SECT 113 Limits on appeals

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 113

Limits on appeals

113 Limits on appeals

(1) A person may not appeal to the District Court or the Land and Environment Court against a conviction or order made, or a sentence imposed, by a Magistrate in summary proceedings if the person has instituted an appeal to the Supreme Court against the conviction, order or sentence.
(2) A person's right of appeal to the District Court or Land and Environment Court under this Act is not affected by subsection (1) if:
(a) the person instituted an appeal to the Supreme Court against a conviction or order made, or a sentence imposed, by a Magistrate in summary proceedings, and
(b) the Supreme Court:
(i) remitted the matter on appeal to the Magistrate to hear and determine and the Magistrate has heard and determined the matter, or
(ii) refused leave to appeal on a question of mixed law and fact, or
(iii) refused leave to appeal in proceedings relating to an environmental offence.
(3) A person may not appeal to the Supreme Court under this Division against any interlocutory judgment or order that may be appealed to the Court of Criminal Appeal under section 5F of the Criminal Appeal Act 1912 , if the person has instituted an appeal to the Court of Criminal Appeal under that section.