South Australian Current Acts South Australian Current Acts155—Powers of Court of Appeal on reservation of question
(1) The Court of
Appeal may determine a question reserved under this Part and make
consequential orders and directions.
Examples—
The Court of Appeal might, for example, quash an information or a count of an
information or stay proceedings on an information or a count of an information
if it decides that prosecution of the charge is an abuse of process.
The Court of Appeal might, for example, set aside a conviction and order a new
trial.
(2) However—
(a) a
conviction must not be set aside on the ground of the improper admission of
evidence if—
(i)
the evidence is merely of a formal character and not
material to the conviction; or
(ii)
the evidence is adduced for the defence; and
(b) a
conviction need not be set aside if the Court of Appeal is satisfied that,
even though the question reserved should be decided in favour of the
defendant, no miscarriage of justice has actually occurred; and
(c) if
the defendant has been acquitted by the court of trial, no determination or
order of the Court of Appeal can invalidate or otherwise affect the acquittal.