South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269Y

269Y—Appeals

        (1)         An appeal lies to the appropriate appellate court against a declaration that a defendant is liable to supervision under Division 3A or Division 4 Subdivision 2 in the same way as an appeal against a conviction.

        (2)         An appeal lies to the appropriate appellate court against a supervision order in the same way as an appeal against sentence.

        (3)         An appeal lies with the permission of the court of trial or the appropriate appellate court against a key decision by the court of trial.

        (4)         A "key decision" is—

            (a)         a decision that the defendant was, or was not, mentally competent to commit the offence charged against the defendant; or

            (b)         a decision that the defendant is, or is not, mentally unfit to stand trial; or

            (c)         a decision that the objective elements of an offence are established against the defendant.

        (5)         On an appeal, the appellate court may exercise one or more of the following powers:

            (a)         confirm, set aside, vary or reverse a decision of the court of trial;

            (b)         direct a retrial of the case or an issue arising in the case;

            (c)         make any finding or exercise any power that could have been made or exercised by the court of trial;

            (d)         make ancillary orders and directions.