South Australian Consolidated Acts South Australian Consolidated Acts (1) A party to a
criminal action may, subject to this section and in accordance with the rules
of the appellate court, appeal against any judgment given in the action
(including a judgment dismissing a charge of a summary or minor indictable
offence but not any judgment arising from a preliminary examination).
(1a) An appeal does
not, however, lie against an interlocutory judgment unless—
(a) the
judgment stays the proceedings; or
(b) the
judgment destroys or substantially weakens the basis of the prosecution case
and, if correct, is likely to lead to abandonment of the prosecution; or
(c) the
Court or the appellate court is satisfied that there are special reasons why
it would be in the interests of the administration of justice to have the
appeal determined before commencement or completion of the trial and grants
its permission for an appeal.
(2) The appeal
lies—
(a) in
the case of an action relating to an offence categorised under the
Summary Procedure Act 1921 as an industrial offence—to the
Industrial Court; or
(b) in
any other case—to the Supreme Court constituted of a single Judge (but
the Judge may, if he or she thinks fit, refer the appeal for hearing and
determination by the Full Court).
(4) On an appeal, the
appellate court may, if the interests of justice so require, re-hear any
witnesses or receive fresh evidence.
(5) On the hearing of
the appeal, the appellate court may exercise any one or more of the following
powers:
(a) it
may confirm, vary or quash the judgment subject to the appeal and, if the
Court thinks the interests of justice so require, it may vary or quash any
other judgment given in the same or related proceedings;
(b) it
may remit the case for hearing or further hearing before the
Magistrates Court;
(c) it
may make any other order (including an order for costs) that may be necessary
or desirable in the circumstances.
(6) Where a judgment
or order has been confirmed, varied or made on appeal under this section, the
Magistrates Court has the same authority to enforce that judgment or order as
if it had not been appealed against or had been made in the first instance.