Statutes Amendment (Appeals) Act 2013 (SA)

South Australia

Statutes Amendment (Appeals) Act 2013

An Act to amend the Criminal Law Consolidation Act 1935; the Magistrates Court Act 1991; and the Supreme Court Act 1935.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Statutes Amendment (Appeals) Act 2013.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Section 5(1), definition of Full Court—delete the definition and substitute:

Full Court has the same meaning as in the Supreme Court Act 1935;

1. (1)

   Section 352(1)(a)(iii)—before "the convicted person" first occurring insert:

   subject to subsection (2)—

2. (2)

   Section 352—after subsection (1) insert:

   1. (2)

      If a convicted person is granted permission to appeal under subsection (1)(a)(iii), the Director of Public Prosecutions may appeal under that subparagraph without the need to obtain the permission of the Full Court.

Section 353(3a)(a)—delete paragraph (a) and substitute:

1. (aa)

   it may revoke any permission to appeal granted by the court of trial;

2. (a)

   it may confirm, vary or reverse the decision subject to the appeal;

After section 353 insert:

353A—Second or subsequent appeals

1. (1)

   The Full Court may hear a second or subsequent appeal against conviction by a person convicted on information if the Court is satisfied that there is fresh and compelling evidence that should, in the interests of justice, be considered on an appeal.

2. (2)

   A convicted person may only appeal under this section with the permission of the Full Court.

3. (3)

   The Full Court may allow an appeal under this section if it thinks that there was a substantial miscarriage of justice.

4. (4)

   If an appeal against conviction is allowed under this section, the Court may quash the conviction and either direct a judgment and verdict of acquittal to be entered or direct a new trial.

5. (5)

   If the Full Court orders a new trial under subsection (4), the Court—

   1. (a)

      may make such other orders as the Court thinks fit for the safe custody of the person who is to be retried or for admitting the person to bail; but

   2. (b)

      may not make any order directing the court that is to retry the person on the charge to convict or sentence the person.

6. (6)

   For the purposes of subsection (1), evidence relating to an offence is—

   1. (a)

      fresh if—

      1. (i)

         it was not adduced at the trial of the offence; and

      2. (ii)

         it could not, even with the exercise of reasonable diligence, have been adduced at the trial; and

   2. (b)

      compelling if—

      1. (i)

         it is reliable;…