Section 383 — Crimes Act 1961: Right of appeal against conviction or sentence

383 Right of appeal against conviction or sentence (1) Any person convicted on indictment may appeal to the Court of Appeal or, with the leave of the Supreme Court, to the Supreme Court against— (a) The conviction; or (b) The sentence passed on the conviction (unless the sentence is one fixed by law); or (c) Both. (1A) Any person sentenced under section 28F(4) of the District Courts Act 1947 to a term of imprisonment or to a fine that exceeds the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 of the Summary Proceedings Act 1957 (which is a term of imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both), may appeal to the Court of Appeal against that sentence. (2) The Solicitor-General, with the leave of the court appealed to, may appeal to the Court of Appeal or the Supreme Court against the sentence passed on the conviction of any person on indictment, unless the sentence is one fixed by law. (2A) The Solicitor-General, with the leave of the Court of Appeal, may appeal to the Court of Appeal against a sentence imposed under section 28F(4) of the District Courts Act 1947 if the sentence appealed against is a term of imprisonment or a fine that exceeds the maximum term of imprisonment or the maximum fine that may be imposed by a District Court under section 7 of the Summary Proceedings Act 1957 (which is a term of imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both). (3) Every appeal under subsection (2) or (2A) against a sentence of detention which is not heard before the date on which the person convicted has completed serving that sentence shall lapse on that date, and thereupon the appeal shall be deemed to have been dismissed by the court concerned for non-prosecution. (4) For the purposes of an appeal under subsection (2) or (2A), the term sentence shall include any method of disposing of a case following conviction. Compare: 1945 No 23 s 3 Subsection (1) was substituted, as from 15 August 1991, by section 2 Crimes Amendment Act 1991 (1991 No 63). Subsection (1) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or, with the leave of the Supreme Court, to the Supreme Court ” after the words “ the Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Section 383(1A): inserted, on 26 June 2008, by section 11(1) of the Crimes Amendment Act (No 2) 2008 (2008 No 37). Subsection (2) was inserted, as from 1 January 1967, by section 9(1) Crimes Amendment Act 1966 (1966 No 98). Subsection (2) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting the words “ court appealed to, may appeal to the Court of Appeal or the Supreme Court ” for the words “ Court of Appeal, may appeal to the Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Section 383(2A): inserted, on 26 June 2008, by section 11(2) of the Crimes Amendment Act (No 2) 2008 (2008 No 37). Subsection (3) was inserted, as from 1 January 1967, by section 9(1) Crimes Amendment Act 1966 (1966 No 98). Section 383(3): amended, on 26 June 2008, by section 11(3) of the Crimes Amendment Act (No 2) 2008 (2008 No 37). Subsection (3) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting the words “ court concerned ” for the words “ Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (4) was inserted, as from 1 January 1967, by section 9(1) Crimes Amendment Act 1966 (1966 No 98). Section 383(4): amended, on 26 June 2008, by section 11(3) of the Crimes Amendment Act (No 2) 2008 (2008 No 37).