NSWIn ForceAct
Crimes (Appeal and Review) Act 2001
65Appeal not to succeed on narrow technical grounds
Start here
Get a plain-English read of 65
Turn the raw legal text into a practical explanation grounded in Crimes (Appeal and Review) Act 2001.
#### 65 Appeal not to succeed on narrow technical grounds
65 Appeal not to succeed on narrow technical grounds
> > (1) A conviction, order or sentence is not to be set aside on an appeal merely because of—
> >
> > > (a) an omission or mistake in the form of the conviction or order, or
> >
> > > (b) an error in law in the order or sentence,
> >
> > if it appears to the appeal court that there were sufficient grounds before the Local Court to have authorised a conviction, order or sentence free from the omission, mistake or error.
>
> > (2) In such a case, the appeal court—
> >
> > > (a) may amend the conviction, order or sentence and determine the appeal as if the omission, mistake or error did not exist, or
> >
> > > (b) may remit the matter to the Local Court to make the conviction or order, or impose the sentence, authorised by law and to amend the conviction, order or sentence accordingly.