Land and Environment Court > Types of cases > Class 6 and 7: criminal appeals from the NSW Local Court

Criminal appeals — outcomes and orders

 

Resolving disputes

Classes 6 and 7 proceedings are resolved by a hearing.  Information is available on adjudication by hearings.

Giving judgment

At the conclusion of the hearing or at a later date, the judge hearing the proceedings will give judgment. The judgment will state the decision and orders and give reasons for making the decision.  Further information is available on:

Orders

The Court may determine an application for leave to appeal by dismissing the application or by granting leave to appeal. If leave to appeal is granted, the Court may proceed to hear the appeal immediately or adjourn the appeal proceedings ( s 36 and s 46 of the Crimes (Appeal and Review) Act)The court may determine an appeal against conviction by setting aside the conviction, by dismissing the appeal, or for certain types of appeals, by setting aside the conviction and remitting the matter to the original Local Court for redetermination in accordance with any directions by the Land and Environment Court ( s 39(1) of the Crimes (Appeal and Review) Act).

The court may determine an appeal against sentence by setting aside the sentence, by varying the sentence or by dismissing the appeal ( s 39(2) and s 48(1) of the Crimes (Appeal and Review) Act).

The court may determine an appeal by a defendant against an order in relation to the defendant in any committal proceeding with respect to an environmental offence or an interlocutory order of the original Local Court, by setting aside the order and making such other orders as it thinks just, or by dismissing the appeal ( s 39(3) of the Crimes (Appeal and Review) Act).

The court may determine an appeal by a prosector against the stay or dismissal of the original Local Court proceedings or an order for costs against the prosecutor by setting aside the order and making such other order as it thinks just, or by setting aside the order and remitting the matter to the original Local Court for redetermination in accordance with any directions of the Land and Environment Court, or by dismissing the appeal ( s 48(3) of the Crimes (Appeal and Review) Act).

Effect of court’s decision

The decision of the Court is final and conclusive ( s 56(b) of the Land and Environment Court Act).

Appeal against the court’s decision 

Appeals against a decision or order of the Court in Classes 6 and 7 of its jurisdiction are to be made by requesting the Court to submit a question of law to the NSW Court of Criminal Appeal under s 5BA of the Criminal Appeal Act 1912 for determination.

Further information is available on appeals against the Court’s decisions.



 
 
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