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Criminal Procedure Act 2011

Appeals - Appeals against sentence - First appeals

250: First appeal court to determine appeal

You could also call this:

"The first appeal court decides if your sentence was fair and makes changes if needed."

Illustration for Criminal Procedure Act 2011

When you appeal a sentence, the first appeal court looks at your case. The court must follow the rules in this section to decide your appeal. You win your appeal if the court finds a mistake in your sentence and thinks you should get a different one.

The court checks if there is an error in your sentence for any reason. If they find an error and think you should get a different sentence, they allow your appeal. This means you might get a new sentence.

If the court does not find an error or does not think you should get a different sentence, they dismiss your appeal. You can find more information about this by looking at the Criminal Procedure Act and other related laws, such as the laws from 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360425.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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249: Appeal by prosecutor treated as abandoned if not heard before sentence completed, or

"Prosecutor's appeal stops if sentence is finished before it's heard."

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251: Orders, etc, on successful first appeal, or

"What happens to your sentence if you win your first appeal"

Part 6Appeals
Appeals against sentence: First appeals

250First appeal court to determine appeal

  1. A first appeal court must determine a first appeal under this subpart in accordance with this section.

  2. The first appeal court must allow the appeal if satisfied that—

  3. for any reason, there is an error in the sentence imposed on conviction; and
    1. a different sentence should be imposed.

      1. The first appeal court must dismiss the appeal in any other case.

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