6AAAppeal against sentence may be heard by 2 judges

#### 6AA Appeal against sentence may be heard by 2 judges 6AA Appeal against sentence may be heard by 2 judges > > (1) The Chief Justice may direct that proceedings under this Act on an appeal (including proceedings on an application for leave to appeal) against a sentence be heard and determined by such 2 judges of the Supreme Court as the Chief Justice directs. > > > (2) Such a direction may only be given if the Chief Justice is of the opinion that the appeal is not likely to require the resolution of a disputed issue of general principle. > > > (3) For the purposes of proceedings the subject of a direction under this section, the Court of Criminal Appeal is constituted by the 2 judges directed by the Chief Justice. > > > (4) The decision of the court when constituted by 2 judges is to be in accordance with the opinion of those judges. > > > (5) If the judges are divided in opinion— > > > > > (a) as to the decision determining the proceedings, the proceedings are to be reheard and determined by the court constituted by such 3 judges as the Chief Justice directs (including, if practicable, the 2 judges who first heard the proceedings on appeal), or > > > > > (b) as to any other decision, the decision of the court is to be in accordance with the opinion of the senior judge present. > > > (6) Proceedings heard by the court constituted by 2 judges under this section are rendered abortive for the purposes of section 6A (1) (a1) of the [Suitors’ Fund Act 1951](/view/html/inforce/current/act-1951-003) if they are required to be reheard because the judges were divided in opinion as to the decision determining the proceedings. The rehearing of the proceedings is considered to be a new trial for the purposes of that Act. > > **s 6AA:** Ins 1994 No 15, Sch 1 (3).