Section 384A — Crimes Act 1961: Jurisdiction in certain cases where appeals lie to different Courts
Text of the provision Official document
384A Jurisdiction in certain cases where appeals lie to different Courts (1) This section applies if— (a) a person to whom section 383(1) or (1A) applies also has a right of appeal (a related right of appeal ) to the High Court against conviction or sentence in respect of— (i) an offence arising from the same incident or series of incidents as the conviction or sentence to which the right of appeal under section 383(1) or (1A) relates; or (ii) an offence for which the person was sentenced on the same occasion as the imposition of the sentence to which the right of appeal under section 383(1) or (1A) relates: (b) the Solicitor-General has a right of appeal under section 383(2) or (2A) against a sentence imposed on a person against whom the informant also has a right of appeal (a related right of appeal ) to the High Court in respect of the sentence imposed on that person for— (i) an offence arising from the same incident or series of incidents as the sentence to which the right of appeal under section 383(2) or (2A) relates; or (ii) an offence for which the person was sentenced on the same occasion as the imposition of the sentence to which the right of appeal under section 383(2) or (2A) relates. (2) If this section applies, and any person or, as the case may be, the Solicitor-General appeals to the Court of Appeal under section 383 or 384 ,— (a) all other appeals by the person or the Solicitor-General arising from the exercise of a related right of appeal must also be heard and determined in the Court of Appeal instead of the High Court, unless one or more of those appeals is to the Supreme Court; and (b) the provisions of this Part apply to those appeals with any necessary modifications. Section 384A: inserted, on 26 June 2008, by section 12 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).
Official source: legislation.govt.nz
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