177Procedure and power of Supreme Court on appeal

177 Procedure and power of Supreme Court on appeal (1) Every appeal shall be heard and determined by the Supreme Court in a summary way, and according to the rules of practice in force with reference to the proceedings of the Court in that behalf, and the Supreme Court shall have all the powers and duties, as to amendment and otherwise, of the Local Court. (2) Upon the hearing of the appeal the Supreme Court may do any or all of the following: (a) adjourn the hearing from time to time;

Local Court (Criminal Procedure) Act 1928 70 (b) mitigate or increase any penalty, forfeiture, or sum; (c) affirm, quash, or vary the conviction, order, or adjudication appealed from, or substitute or make any conviction, order, or adjudication which ought to have been made in the first instance; (d) remit the case for hearing or for further hearing before the Local Court; (e) subject to subsections (2A) and (2B), make such further or other order as to costs or otherwise as it thinks fit; (f) notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred. (2A) For subsection (2)(e), the Supreme Court, when making an order for costs in relation to proceedings in the Local Court must apply the prescribed scale as mentioned in section 77C. (2B) However, if the Supreme Court considers the circumstances of the case, or the legal issues, are of an exceptional nature, the Court may order costs exceeding the prescribed scale. (3) The Supreme Court may upon such terms as it thinks fit at any time before the order of dismissal is drawn up and sealed reinstate any appeal dismissed for want of prosecution. (4) In exercising its discretion on an appeal made under section 163(1) for an increase of sentence imposed after the commencement of this subsection (whether or not the sentence involved imprisonment or another penalty, forfeiture or sum), the Supreme Court must not take into account any element of double jeopardy involving the respondent being sentenced again when deciding whether to do either or both of the following: (a) allow the appeal; (b) impose another sentence.