(b) a finding of a court following a special hearing referred to in section 59(1)(c) or (d) of that Act.
Court means the Court of Criminal Appeal established by this Act.
Court of trial means any court from whose finding, sentence, order, or other determination, a person is by this Act entitled to appeal or to apply for leave to appeal.
Indictment includes any information presented or filed as provided by law for the prosecution of offenders.
Prescribed means prescribed by rules of court made under the authority of this Act.
Registrar means the registrar of the court.
Sentence means—
(a) any order made by the court of trial on convicting a person of an offence, including—
(i) any sentence of imprisonment (including any sentence of imprisonment the subject of an intensive correction order and any sentence of imprisonment whose execution is suspended), and
(ii) any community correction order, conditional release order or community service order, and
(b) any order made by the court of trial in respect of a person under section 10 or 11 of the Crimes (Sentencing Procedure) Act 1999 on finding the person guilty of an offence, or
(c) any order made by the court of trial in respect of a person under section 12 or 17A of the Crimes (Sentencing Procedure) Act 1999 on convicting the person of an offence, or
(ca) any order made by the court of trial, after a person’s conviction for an offence, revoking a good behaviour bond and any order made by the court of trial as a consequence of the revocation of the good behaviour bond, or
(d) any order made by the court of trial imposing a limiting term of imprisonment on a person following a special hearing under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and any other order or penalty made or imposed by the court of trial in respect of a person following a special hearing under that Act, or
(e) any order made by the court of trial in respect of a person following a special verdict of act proven but not criminally responsible, or
(f) any direction for compensation made by the court of trial in respect of a person under section 94 (Directions for compensation for injury) or 97 (Directions for compensation for loss) of the Victims Rights and Support Act 2013, or
(g) any order for restitution made by the court of trial in respect of a person under section 43 of the Criminal Procedure Act 1986, or
(h) any order for the payment of costs made by the court of trial in respect of a person under Division 3 or 4 of Part 5 of Chapter 4 of the Criminal Procedure Act 1986, or
and the power of the Court of Criminal Appeal to pass any such sentence includes power to make any such order or direction.
Note.
Part 29 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999 provides that certain home detention orders, community service orders and good behaviour bonds are taken to be intensive correction orders, community correction orders or conditional release orders.
The appellant includes a person who has been convicted and desires to appeal under this Act.
(2) For the purposes of this Act, a sentence is imposed or passed on a person on conviction or on a finding of guilt even if it is imposed or passed after the conviction or finding of guilt or as a result of re-sentencing.
(3) For the purposes of this Act, a sentence imposed under Part 2 of the Crimes (Sentencing Procedure) Act 1999 includes a provisional sentence and a final sentence within the meaning of Division 2A of Part 4 of that Act.
(4) (Repealed)
s 2: Am 1979 No 97, Sch 1 (1); 1979 No 205, Sch 2, Part 1; 1982 No 69, Sch 2; 1986 No 94, Sch 1 (1); 1989 No 102, Sch 1 (1); 1990 No 11, Sch 2; 1990 No 108, Sch 1; 1991 No 17, Sch 1; 1991 No 94, Sch 2; 1999 No 94, Sch 4.12 [1] [2]; 2000 No 43, Sch 4; 2001 No 100, Sch 1.2; 2001 No 121, Sch 2.76 [1] [2]; 2003 No 27, Sch 7 [1] [2]; 2004 No 55, Sch 1.9 [1]–[3]; 2004 No 85, Sch 2.2; 2005 No 67, Sch 2.2; 2006 No 107, Sch 1.10 [1]; 2008 No 79, Sch 3.7 [1]; 2010 No 48, Sch 5.8; 2012 No 67, Sch 4.2; 2013 No 7, Sch 2; 2013 No 37, Sch 3.7; 2013 No 85, Sch 2.1 [1]; 2016 No 48, Sch 2.12 [1]; 2017 No 53, Sch 4.13 [1]–[3]; 2018 No 68, Sch 1.6; 2020 No 12, Sch 3.12[1]–[3].