Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_30aj
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 30AJ
Character Range: 94216–95474

30AJ  When to allow appeals

Appeals against conviction
 (1) The Court must allow an appeal under section 30AA from a judgment convicting the accused if the Court is satisfied:
 (a) that the verdict of the jury (if any) should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence; or
 (b) that the judgment should be set aside on the ground of a wrong decision of any question of law; or
 (c) that there has been a substantial miscarriage of justice.
 (2) However, if the Court is satisfied of a matter in paragraph (1)(a) or (b), the Court may dismiss the appeal if the Court is satisfied that there has not been a substantial miscarriage of justice.

Appeals against sentence
 (3) The Court must allow an appeal under section 30AA from a judgment sentencing the accused if the Court is satisfied that some other sentence (whether more or less severe) is warranted in law.

Other appeals under section 30AA
 (4) The Court may allow any other appeal under section 30AA if the Court is satisfied it is in the interests of justice to do so.

Final appeals
 (5) The Court may allow an appeal covered by section 30AD if the Court is satisfied that it would be a miscarriage of justice not to allow the appeal.