2009
2009
2009-09-25
act
government
publicspecial
act.reprint
allinforce
2009-09-02
2009-09-02
0
2009-09-25
act-1987-015
2009
none
act-2009-065
6c81084f-37d2-4dce-ab60-f9b4cdc4fbfb
fcdd9544-dc49-4d33-82af-1ce6e1acb0fd
Note—
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 25.9.2009.
An Act to amend the Crimes
(Appeal and Review) Act 2001 to make further provision in
relation to the principle of double jeopardy in criminal
proceedings.
1Name of
Act
This Act is the Crimes (Appeal
and Review) Amendment (Double Jeopardy) Act
2009.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Crimes (Appeal and Review) Act 2001 No
120
[1]Section
68A
Insert after section 68:
68ADouble jeopardy not to be
taken into account in prosecution appeals against
sentence
(1)
An appeal court must not:
(a)
dismiss a prosecution appeal against sentence,
or
(b)
impose a less severe sentence on any such appeal
than the court would otherwise consider
appropriate,
because of any element of double jeopardy involved in
the respondent being sentenced again.
(2)
This section extends to an appeal under the
Criminal Appeal Act 1912 and accordingly
a reference in this section to an appeal court includes a reference to the
Court of Criminal Appeal.
[2]Section 105 Application for
retrial—procedure
Omit section 105 (1). Insert instead:
(1)
Not more than one application for the retrial of
an acquitted person may be made under this Division in relation to an
acquittal.
(1A)
An application may be made for a further retrial
of a person acquitted in a retrial under this Part but only if it is made on
the basis that the acquittal at the retrial was tainted.
[3]Schedule 1 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Crimes (Appeal
and Review) Amendment (Double Jeopardy) Act
2009
[4]Schedule 1, Part
8
Insert after clause 15:
Part 8Provision consequent on
enactment of Crimes (Appeal and Review) Amendment
(Double Jeopardy) Act 2009
16Application of
amendment
Section 68A, as inserted by the Crimes (Appeal and Review) Amendment (Double Jeopardy) Act
2009, extends to an appeal that was commenced but not
finally determined before the insertion of the section.
Historical
notes
Table of amending
instruments
Crimes (Appeal
and Review) Amendment (Double Jeopardy) Act 2009 No 65.
Assented to 24.9.2009. Date of commencement, assent, sec
2.