New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 39

39 Determination of appeals

(1) The Land and Environment Court may determine an appeal against conviction:

(a) by setting aside the conviction, or

(b) by dismissing the appeal, or

(c) in the case of an appeal made with leave under section 32 (1)-by setting aside the conviction and remitting the matter to the original Local Court for redetermination in accordance with any directions of the Land and Environment Court.

(2) The Land and Environment Court may determine an appeal against sentence:

(a) by setting aside the sentence, or

(b) by varying the sentence, or

(c) by dismissing the appeal.

(3) The Land and Environment Court may determine an appeal against an order referred to in section 32 (2) (a) or (b):

(a) by setting aside the order and making such other order as it thinks just, or

(b) by dismissing the appeal.