Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 67 Appeal—pardon[s 668D]668D Right of appeal(1) A person convicted on indictment, or a person convicted of asummary offence by a court under section 651, may appeal tothe Court—(a) against the person’s conviction on any ground whichinvolves a question of law alone; and(b) with the leave of the Court, or upon the certificate of thejudge of the court of trial that it is a fit case for appeal,against the person’s conviction on any ground of appealwhich involves a question of fact alone, or question ofmixed law and fact, or any other ground which appearsto the Court to be a sufficient ground of appeal; and(c) with the leave of the Court, against the sentence passedon the person’s conviction.(2) A person summarily convicted under section 651 may appealto the court, with the leave of the court, against the sentencepassed on conviction, including any order made under thatsection.668E Determination of appeal in ordinary cases(1) The Court on any such appeal against conviction shall allowthe appeal if it is of opinion that the verdict of the jury shouldbe set aside on the ground that it is unreasonable, or can not besupported having regard to the evidence, or that the judgmentof the court of trial should be set aside on the ground of thewrong decision of any question of law, or that on any groundwhatsoever there was a miscarriage of justice, and in anyother case shall dismiss the appeal.(1A) However, the Court may, notwithstanding that it is of theopinion that the point or points raised by the appeal might bedecided in favour of the appellant, dismiss the appeal if itconsiders that no substantial miscarriage of justice hasactually occurred.(2) Subject to the special provisions of this chapter, the Courtshall, if it allows an appeal against conviction, quash thePage 432 Current as at 1 December 2014