406Interpretation

406 Interpretation (1) In this Division, unless the contrary intention appears: appellant means a person who has been found guilty and desires to appeal or to seek leave to appeal under this Division. Court means the Court of Criminal Appeal. court of trial means the court from whose finding, sentence or other determination a person is entitled to appeal or to apply for leave to appeal. Registrar means the Registrar of the Court. sentence includes any order made by the court of trial on a finding of guilt with reference to the person found guilty or his property. (2) For the purposes of this Division, if, under Part IIA, a person is found not guilty of committing an offence because of his or her mental impairment and the defence of mental impairment was not raised by him or her, the finding is taken to be a finding of guilt at a trial and is subject to the same rights of appeal, and to appeal in the same manner, as if it were such a finding of guilt. (3) For the purposes of this Division, if a declaration is made under Part IIA that an accused person is liable to supervision or an order is made under that Part that an accused person be released unconditionally, the declaration or order is taken to be a sentence and is subject to the same rights of appeal, and to appeal in the same manner, as if it were a sentence. (5) For the purposes of this Division a person against whom an order has been made pursuant to section 383 shall be deemed to be a person found guilty on indictment, the special verdict shall be deemed to be the finding of guilt and the order shall be deemed to be the sentence. (7) If the charge of the offence of which a person is found guilty was heard and determined summarily, for the purposes of an appeal the person is taken to have been found guilty of a summary offence. Criminal Code Act 1983 308