Criminal Law Appeal Act 1893 (WA)

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WESTERN AUSTRALIA

ANNO QUINQUAGESHUO SEPTUM

VICTORIIE REGINE

No. 8

An Act to amend the Law relating to Appeals in

Criminal Cases. [Assented to 14th September, 1893.

HEREAS it is expedient to amend the Law relating to Appeals

Preamble

in Criminal Matters : Be it enacted by the Queen's Most

W

Excellent Majesty, by and with the advice and consent of the

57 VICTORI2E. No. 8

Criminal Law Appeal

Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :-

short title

1. This Act may be cited as The Criminal Law Appeal Act,

1893.'

Appeal to

Supreme Court

2. Whenever in any Act or Ordinance a right of appeal is given

shall be deter-

against any order or conviction of any Justice or Justices of the Peace

mined by a

Judge thereof,

to the Supreme Court, such appeal shall be heard and determined by

and not by full

a Judge thereof, and not by the full Court as constituted by The

Court

Supreme Court Act, 1880.' Provided that nothing herein contained shall in any way affect or take away the right which any person may possess, under any Act or Ordinance, to have a case stated upon a question of law.

No appeal from

3. No appeal shall lie from any judgment of any Judge of the

j"age save fin. Supreme Court, in any criminal cause or matter, save for some errorerror of law upon the record of law apparent upon the record as to which no question has been

reserved for the consideration of the Judges of the Supreme Court under an Act passed in the Fiftieth year of Her Majesty, number Fifteen, intituled An Act to amend the Criminal Law Procedure.'

Case stated to be

4. All cases stated by a Court of summary jurisdiction upon any determined by the full Court.

determined by

question of law, in any criminal cause or matter, shall be heard and

full Court

Incorporation 5. This Act shall be incorporated and read with ' The Supreme

Court Act, 1880,' and an Act passed in the Fiftieth year of Her present Majesty, number Twenty-eight, intituled An Act to amend " The Supreme Court Act, 1880." '

W. C. F. ROBINSON,

GOVERNOR.

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