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Criminal Procedure Act 2011

Appeals - Appeals against sentence - Further appeals

256: Second appeal court to determine appeal

You could also call this:

"A higher court decides if your sentence is fair when you appeal again."

Illustration for Criminal Procedure Act 2011

If you make a second appeal, a second appeal court will decide on it. The court will allow your appeal if they think there is a mistake in the sentence you got when you were found guilty. They must also think that you should get a different sentence.

The court will look at your case and make a decision based on the rules. If the court is not satisfied that your sentence is wrong, they will dismiss your appeal. This means they will not change your sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3865780.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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255: How to commence second appeal, or

"How to start a second appeal against a court decision"

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257: Orders, etc, on successful second appeal, or

"What happens if you win a second appeal in court"

Part 6Appeals
Appeals against sentence: Further appeals

256Second appeal court to determine appeal

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

  2. The second 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 second appeal court must dismiss the appeal in any other case.