Section 399 — Crimes Act 1961: Intermediate effects of appeal

399 Intermediate effects of appeal (1) Except as otherwise provided in this Act or in rules of Court, no sentence shall be suspended by reason of any appeal under this Part of this Act, unless the Court expressly so directs. (2) [Repealed] (3) Where on any conviction to which any appeal relates the Court has sentenced the accused to supervision, intensive supervision, community detention, or home detention, the term of the sentence shall cease to run on the day on which notice of appeal or of application for leave to appeal is given. (4) If in any case to which subsection (3) of this section applies— (a) The appeal is dismissed or is deemed pursuant to rules of Court to be dismissed; or (b) Leave to appeal is refused; or (c) When the appeal is determined neither the sentence nor the conviction on which it was made is set aside— the term of the sentence as specified by the High Court or as varied by the Court of Appeal or the Supreme Court, as the case may be, shall be resumed from the date of such dismissal, refusal, or determination. (4A) If on any conviction to which any appeal relates the Court has sentenced the accused to community work, the period during which the community work is to be done ceases to run on the day on which notice of appeal or application for leave to appeal is given. (4B) In any case to which subsection (4A) applies,— (a) if the appeal is dismissed or is deemed under or in accordance with rules of Court to be dismissed, the period during which the work is to be performed resumes running from the date of the dismissal; or (b) if leave to appeal is refused, the period during which the work is to be performed resumes running from the date of the refusal; or (c) if, when the appeal is determined neither the sentence of community work nor the conviction on which it was made is set aside, the period during which the work is to be performed resumes running from the date of the determination. (4C) [Repealed] (4D) [Repealed] (4E) [Repealed] (4F) [Repealed] (4G) Where on any conviction to which any appeal relates the Court has made a non-association order in respect of the accused, the period of non-association shall cease to run on the day on which notice of appeal or of application for leave to appeal is given. (4H) If in any case to which subsection (4G) of this section applies— (a) The appeal is dismissed or is deemed pursuant to rules of Court to be dismissed; or (b) Leave to appeal is refused; or (c) When the appeal is determined neither the non-association order nor the conviction on which it was passed is set aside— the period of non-association as specified by the High Court or as varied by the Court of Appeal or the Supreme Court, as the case may be, shall resume from the date of such dismissal, refusal, or determination. (5) Where any person is fined for contempt of Court and has a right of appeal under section 384 of this Act, nothing in section 20 of the Crown Proceedings Act 1950 shall apply until the time specified in this Act for giving notice of appeal or of an application for leave to appeal has expired, or, if any such notice is given, until the appeal has been determined or otherwise disposed of. If on the determination of the appeal the decision appealed against is not set aside and the amount of the fine imposed by the High Court is varied by the Court of Appeal or the Supreme Court, the amount for which final judgment may be signed under the said section 20 shall be varied accordingly. (6) [Repealed] (7) [Repealed] Compare: 1908 No 32 s 448, 1920 No 15 s 4 Subsection (2) was repealed, as from 26 December 1989, by section 3(1)(a) Abolition of the Death Penalty Act 1989 (1989 No 119). Section 399(3): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (3) was amended, as from 1 October 1985, by section 14(1) Crimes Amendment Act (No 2) 1985 (1985 No 121) by substituting the words “ sentenced the accused to supervision, the term of the sentence ” for the words “ released the accused on probation, the term of probation ” . Subsection (4) was amended, as from 1 October 1985, by section 14(2)(b) Crimes Amendment Act (No 2) 1985 (1985 No 121) by substituting the words “ the term of the sentence ” for the words “ the term of probation ” . Subsection (4) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or the Supreme Court ” after the words “ Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Section 399(4)(c): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27). Subsection (4)(c) was amended, as from 1 October 1985, by section 14(2)(a) Crimes Amendment Act (No 2) 1985 (1985 No 121) by substituting the words “ the sentence of supervision ” for the words “ the decision to release the accused on probation ” . Subsections (4A) and (4B) were inserted, as from 5 November 1980, by section 29(2) Criminal Justice Amendment Act 1980 (1980 No 21). Subsection (4A) was amended, as from 1 October 1985, by section 14(3) Crimes Amendment Act (No 2) 1985 (1985 No 121) by omitting the words “ including any period of probation ordered as part of the sentence ” . Subsection (4A) was substituted, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Subsection (4B) was amended, as from 1 October 1985, by section 14(4) Crimes Amendment Act (No 2) 1985 (1985 No 121) by omitting the words “ including any period of probation ordered as aforesaid ” . Subsection (4B) was substituted, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Subsections (4C) and (4D) were inserted, as from 1 February 1981, by section 31(2) Criminal Justice Amendment Act 1980 (1980 No 21). Subsections (4E) and (4F) were inserted, as from 1 October 1985, by section 14(5) Crimes Amendment Act (No 2) 1985 (1985 No 121). Subsections (4G) and (4H) were inserted, as from 5 June 1989, by section 2 Crimes Amendment Act 1989 (1989 No 22). Subsection (4H) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or the Supreme Court ” after the words “ Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsections (4), (5) and (6) were amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “ High Court ” for the words “ Supreme Court ” . Subsection (5) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or the Supreme Court ” after the words “ Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (6) was amended, as from 1 May 1981, by section 20 Crimes Amendment Act (No 2) 1980 (1980 No 85) by inserting the words “ or a District Court Judge (as the case may require) ” . Subsection (6) was amended, as from 1 December 1991, by section 13 Crimes Amendment Act (No 2) 1991 (1991 No 106) by inserting the words, “ , subject to section 318 of this Act, ” in two places. Subsections (6) and (7) were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions.