11Appeals as of right

11 Appeals as of right

11 Appeals as of right

(1) Any person who has been convicted or sentenced by the Local Court may appeal to the District Court against the conviction or sentence (or both).

(1A) Subsection (1) does not apply in respect of a conviction if the person was convicted in the person’s absence or following the person’s plea of guilty.

(1B) Any person whose application under section 4 for annulment of a sentence has been refused by the Local Court may appeal to the District Court against the sentence.

(2) An appeal must be made—

(a) within 28 days after sentence is imposed, or

(b) if an application for annulment of the conviction or sentence has been made under Part 2 within that 28-day period, within 28 days after the Part 2 application is disposed of under that Part,

but (in the case of an appeal against a conviction) may not be made before sentence is imposed.

s 11: Am 2003 No 82, Sch 1.11 [1]; 2007 No 94, Sch 2; 2009 No 4, Sch 1 [2] [3].