NSWIn ForceAct
Criminal Appeal Act 1912
5Right of appeal in criminal cases
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#### 5 Right of appeal in criminal cases
5 Right of appeal in criminal cases
> > (1) A person convicted on indictment may appeal under this Act to the court—
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> > > (a) against the person’s conviction on any ground which involves a question of law alone, and
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> > > (b) with the leave of the court, or upon the certificate of the judge of the court of trial that it is a fit case for appeal against the person’s conviction on any ground of appeal which involves a question of fact alone, or question of mixed law and fact, or any other ground which appears to the court to be a sufficient ground of appeal, and
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> > > (c) with the leave of the court against the sentence passed on the person’s conviction.
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> > (2) For the purposes of this Act, a person for whom a special verdict of act proven but not criminally responsible is entered is, if the defence of mental health impairment or cognitive impairment was not set up as a defence by the person, taken to be a person convicted and an order to keep the person in custody is taken to be a sentence.
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> **s 5:** Am 1986 No 94, Sch 1 (2); 2020 No 12, Sch 3.12\[4\].