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

Who can make an appeal against criminal conviction or sentence or dismissal of proceedings?

 

Appeals ‘as of right’: defendants

Section 31(1) (for defendants) of the Crimes (Appeal and Review) Act 2001 says:

Any person who has been convicted or sentenced by the Local Court with respect to an environmental offence may appeal to the Land and Environment Court against the conviction or sentence.

Subsection (1A) notes that an automatic right of appeal does not apply in respect of a conviction if:

  • the person was convicted in his or her absence, or 
  • following the person’s plea of guilty.

For more on appeals made in these circumstances, see ‘ Appeals requiring an application to the Court for leave: defendants’ below.

Appeals ‘as of right’: prosecutors

Section 42 (for prosecutors) of the Crimes (Appeal and Review) Act 2001 says:

(1) The Director of Public Prosecutions may appeal to the Land and Environment Court against a sentence imposed on a person by the Local Court in relation to an environmental offence for which proceedings have been prosecuted by or on behalf of a public authority (other than the Environment Protection Authority).

(2) The Environment Protection Authority may appeal to the Land and Environment Court against a sentence imposed on a person by the Local Court in relation to an environmental offence for which proceedings have been prosecuted by or on behalf of the Environment Protection Authority.

(2A) The prosecutor (other than the Director of Public Prosecutions or the Environment Protection Authority) may appeal to the Land and Environment Court against a sentence imposed by the Local Court in any summary proceedings in relation to an environmental offence, but  only on a ground that involves a question of law alone.

(2B) The prosecutor (including the Director of Public Prosecutions or the Environment Protection Authority) may appeal to the Land and Environment Court against:

(a) an order made by the Local Court that stays any summary proceedings for the prosecution of an environmental offence,

or

(b) an order made by the Local Court dismissing a matter the subject of any summary proceedings with respect to an environmental offence,

or

(c) an order for costs made by the Local Court against the prosecutor in any summary proceedings with respect to an environmental offence,

but only on a ground that involves a question of law alone.

Appeals requiring an application to the Court for leave: defendants

Section 32(1) (for defendants) of the Crimes (Appeal and Review) Act 2001 says:

Any person who has been convicted by the Local Court, in the person’s absence or following the person’s plea of guilty, with respect to an environmental offence may appeal to the Land and Environment Court against the conviction, but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court.

Appeals requiring an application to the Court for leave: prosecutors

Section 43 (for prosecutors) of the Crimes (Appeal and Review) Act 2001 says:

(1) The Director of Public Prosecutions may appeal to the Land and Environment Court against:

(a) an order that has been made by a Magistrate in relation to a person in any committal proceedings with respect to an environmental offence, or

(b) an interlocutory order that has been made by the Local Court in relation to a person in summary proceedings with respect to an environmental offence, being an offence for which proceedings have been prosecuted by or on behalf of a public authority (other than the Environment Protection Authority), but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court

(1A) The Environment Protection Authority may appeal to the Land and Environment Court against:

(a) an order that has been made by a Magistrate in relation to a person in any committal proceedings with respect to an environmental offence, or

(b) an interlocutory order that has been made by the Local Court in relation to a person in summary proceedings with respect to an environmental offence, being an offence for which proceedings have been prosecuted by or on behalf of the Environment Protection Authority,

but only on a ground that involves a question of law alone, and only by leave of the Land and Environment Court.



 
 
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