South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 158

158—Determination of appeals in ordinary cases

        (1)         The Court of Appeal, on any such appeal against conviction, will only allow the appeal if it thinks that—

            (a)         the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence; or

            (b)         the judgment of the court before which the appellant was convicted should be set aside on the ground of a wrong decision on any question of law; or

            (c)         on any ground there was a miscarriage of justice.

        (2)         The Court of Appeal may, notwithstanding that it is of the opinion that the point raised in an appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.

        (3)         Subject to the special provisions of this Act, the Court of Appeal will, if it allows an appeal against conviction, quash the conviction and either direct a judgment and verdict of acquittal to be entered or direct a new trial.

        (4)         On an appeal against acquittal brought by the Director of Public Prosecutions, the Court of Appeal may exercise any 1 or more of the following powers:

            (a)         it may dismiss the appeal;

            (b)         it may allow the appeal, quash the acquittal and order a new trial;

            (c)         it may make any consequential or ancillary orders that may be necessary or desirable in the circumstances.

        (5)         If the Court of Appeal orders a new trial under subsection (4)(b), the Court—

            (a)         may make such other orders as the Court thinks fit for the safe custody of the person who is to be retried or for admitting the person to bail; but

            (b)         may not make any order directing the court that is to retry the person on the charge to convict or sentence the person.

        (6)         If an appeal is brought against a decision on an issue antecedent to trial, the Court of Appeal may exercise any one or more of the following powers:

            (a)         it may revoke any permission to appeal granted by the court of trial;

            (b)         it may confirm, vary or reverse the decision subject to the appeal;

            (c)         it may make any consequential or ancillary orders that may be necessary or desirable in the circumstances.

        (7)         Subject to subsection (8), on an appeal against sentence, the Court of Appeal must—

            (a)         if it thinks that the sentence is affected by error such that the defendant should be re-sentenced—

                  (i)         quash the sentence passed at the trial and substitute such other sentence as the Court thinks ought to have been passed (whether more or less severe); or

                  (ii)         quash the sentence passed at the trial and remit the matter to the court of trial for re-sentencing; or

            (b)         in any other case—dismiss the appeal.

        (8)         The Court of Appeal must not increase the severity of a sentence on an appeal by the convicted person except to extend the non-parole period where the Court passes a shorter sentence.