Appeal against decision to decide charge against s 131A summarily
350C Appeal against decision to decide charge against s 131A summarily
This section applies if a person is summarily convicted or sentenced for an offence against section 131A.
The grounds on which the person may appeal include that the Magistrates Court erred by deciding the conviction or sentence summarily.
The grounds on which the Attorney-General may appeal against the sentence include that the Magistrates Court erred by deciding the sentence summarily.
On an appeal against the sentence relying on a ground that the Magistrates Court erred by proceeding summarily, the court deciding the appeal may, if it decides to vary the sentence, impose the sentence the court considers appropriate up to the maximum sentence that could have been imposed if the matter had been dealt with on indictment.
This Act’s bill:Explanatory memorandum
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