Victorian Consolidated Legislation

Crimes Act 1958 - SECT 568

Determination of appeals in ordinary cases65

568. Determination of appeals in ordinary cases65





(1) The Court of Appeal on any such appeal against conviction shall allow the
appeal if it thinks that the verdict of the jury should be set aside on the
ground that it is unreasonable or cannot be supported having regard to the
evidence or that the judgment of the court before which the appellant was
convicted should be set aside on the ground of a wrong decision of any
question of law or that on any ground there was a miscarriage of justice and
in any other case shall dismiss the appeal:

Provided that the Court of Appeal may, notwithstanding that it is of opinion
that the point raised in the appeal might be decided in favour of the
appellant, dismiss the appeal if it considers that no substantial miscarriage
of justice has actually occurred.

(2) Subject to the special provisions of this Part the Court of Appeal shall,
if it allows an appeal against conviction, quash the conviction and either
direct a judgment and verdict of acquittal to be entered or direct a new trial
to be had.



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(4) On an appeal against sentence the Court of Appeal shall, if it thinks that
a different sentence should have been passed or a different order made, quash
the sentence passed at the trial and pass such other sentence or make such
other order warranted in law (whether more or less severe) in substitution
therefor as it thinks ought to have been passed or made, and in any other case
shall dismiss the appeal.

(5) Despite subsection (4), on an appeal against sentence the Court of Appeal
may, if it thinks that it is appropriate and in the interests of justice to do
so, quash the sentence passed at the trial and remit the matter to the trial
court.





(6) If the Court of Appeal remits a matter to the trial court under subsection
(5)-

   (a)  it may give any directions that it thinks fit concerning the manner
        and scope of the further hearing by the trial court, including a
        direction as to whether that hearing is to be conducted by the same or
        a different judge; and

   (b)  the trial court must hear and determine the matter in accordance with
        law and any such directions.

(7) Where a new trial is directed or a matter is remitted under subsection
(5), the Court of Appeal may make such order as to it seems fit for the safe
custody of the appellant or for admitting him or her to bail.