Determination of application for leave to appeal under section 283
284A Determination of application for leave to appeal under section 283
S. 284A inserted by No. 68/2009 s. 27, substituted by No. 48/2012 s. 6.
The Court of Appeal may refuse an application for leave to appeal under section 283 in relation to any ground of appeal if—
S. 284A(1)(a) amended by No. 3/2016 s. 78.
there is no reasonable prospect that the Court of Appeal would impose a less severe sentence than the sentence imposed by the court; or
S. 284A(1)(b) amended by No. 3/2016 s. 78.
there is no reasonable prospect that the Court of Appeal would reduce the total effective sentence despite there being an error in the sentence imposed by the court.
Note
Subsection (3) empowers the Court of Appeal to correct a sentence if an application is refused in the circumstances referred to in subsection (1)(b).
An application may be refused under subsection (1) even if the Court of Appeal considers that there may be a reasonably arguable ground of appeal.
On refusing an application by reason of subsection (1)(b), the Court of Appeal may, if it considers it appropriate to do so—
S. 284A(3)(a) amended by No. 3/2016 s. 78.
amend the sentence imposed by the court by substituting a less severe sentence; and
make any other order that the Court of Appeal considers ought to be made.
Note
If an application for leave to appeal is heard and refused by a single Judge of Appeal under section 315(1), section 315(2) entitles the applicant to have the application determined by the Court of Appeal.
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