CRIMINAL APPEALS ACT 2004 - SECT 8

CRIMINAL APPEALS ACT 2004 - SECT 8

8 .         Grounds for appealing

        (1)         An appeal may be made under this Division on one or more of these grounds —

            (a)         that the court of summary jurisdiction —

                  (i)         made an error of law or fact, or of both law and fact;

                  (ii)         acted without or in excess of jurisdiction;

                  (iii)         imposed a sentence that was inadequate or excessive;

            (b)         that there has been a miscarriage of justice.

        (2)         An appeal may be made under this Division against a decision even if the decision was made after a plea of guilty or an admission of the truth of any matter.

        (3)         Despite subsections (1) and (2), no decision of, or proceedings before, a court of summary jurisdiction, nor any document in such proceedings, shall be held to be bad for want of form.

        (4)         Without limiting subsection (3), a person cannot appeal against a decision —

            (a)         on the ground that the person had not received a prosecution notice; or

            (b)         on a ground that relates to any amendment of a prosecution notice,

                if the person was present at the hearing at which the decision was made and did not then object on that ground.