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This is a Bill, not an Act. For current law, see the Acts databases.
Crimes (Appeal and Review)
Amendment (Double Jeopardy)
Bill 2009
No , 2009
A Bill for
An Act to amend the Crimes (Appeal and Review) Act 2001 to make further provision
in relation to the principle of double jeopardy in criminal proceedings.
Clause 1 Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Appeal and Review) Amendment (Double 3
Jeopardy) Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2009
Amendment of Crimes (Appeal and Review) Act 2001 No 120 Schedule 1
Schedule 1 Amendment of Crimes (Appeal and 1
Review) Act 2001 No 120 2
[1] Section 68A 3
Insert after section 68: 4
68A Double jeopardy not to be taken into account in prosecution 5
appeals against sentence 6
(1) An appeal court must not: 7
(a) dismiss a prosecution appeal against sentence, or 8
(b) impose a less severe sentence on any such appeal than the 9
court would otherwise consider appropriate, 10
because of any element of double jeopardy involved in the 11
respondent being sentenced again. 12
(2) This section extends to an appeal under the Criminal Appeal Act 13
1912 and accordingly a reference in this section to an appeal 14
court includes a reference to the Court of Criminal Appeal. 15
[2] Section 105 Application for retrial--procedure 16
Omit section 105 (1). Insert instead: 17
(1) Not more than one application for the retrial of an acquitted 18
person may be made under this Division in relation to an 19
acquittal. 20
(1A) An application may be made for a further retrial of a person 21
acquitted in a retrial under this Part but only if it is made on the 22
basis that the acquittal at the retrial was tainted. 23
[3] Schedule 1 Savings, transitional and other provisions 24
Insert at the end of clause 1 (1): 25
Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 26
2009 27
Page 3
Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2009
Schedule 1 Amendment of Crimes (Appeal and Review) Act 2001 No 120
[4] Schedule 1, Part 8 1
Insert after clause 15: 2
Part 8 Provision consequent on enactment of 3
Crimes (Appeal and Review) Amendment 4
(Double Jeopardy) Act 2009 5
16 Application of amendment 6
Section 68A, as inserted by the Crimes (Appeal and Review) 7
Amendment (Double Jeopardy) Act 2009, extends to an appeal 8
that was commenced but not finally determined before the 9
insertion of the section. 10
Page 4
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