Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009 No 65

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.
2   Commencement
This Act commences on the date of assent to this Act.
[1]   Section 68A
Insert after section 68:
68A   Double 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):
[4]   Schedule 1, Part 8
Insert after clause 15:
Part 8 Provision consequent on enactment of Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009
16   Application 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.