An appellate court is not required to give specific advance notice to a party that it is considering the application of the proviso to s 6 of the Criminal Appeal Act 1912 (NSW), where the proviso is an inherent part of the section relied upon and the party has had opportunity to address it. Notice of judgment delivery to a party's solicitors is sufficient without separate notice to counsel.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
1 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.