Northern Territory Consolidated Acts

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SENTENCING ACT - SECT 77

Appeals

77. Appeals

(1) An offender may appeal to the Court of Criminal Appeal against the refusal of the Supreme Court to make an order under section 74(1).

(2) The Director of Public Prosecutions may appeal to the Court of Criminal Appeal against an order of the Supreme Court made under section 74(1).

(3) On an appeal under this section, the Court of Criminal Appeal may, in the case of an appeal under:

(a) subsection (1), confirm the refusal and dismiss the appeal or uphold the appeal and make the order that it thinks ought to have been made; or

(b) subsection (2), confirm the order and dismiss the appeal or uphold the appeal and quash the order made.

(4) An indefinite sentence revives on the quashing of an order under subsection (1) and the original warrant to commit or other authority for the offender's imprisonment is to be regarded as again in force.



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