New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 68

68 Court may confirm or vary conviction or sentence with effect from earlier day

(1) An appeal court may order that a conviction or sentence confirmed or varied by it on appeal, or any part of it:

(a) is to take effect (as confirmed or varied) on and from a day specified in the order, or

(b) in the case of a sentence that has been served in part, is to recommence (as confirmed or varied) on and from a day specified in the order,

being the day on which the order is made or an earlier day.

(1A) An appeal court may, for the purposes of making an order under subsection (1) in relation to a sentence that consists of, or includes, a disqualification from holding a driver licence (within the meaning of the Road Transport (Driver Licensing) Act 1998 ), take into account:

(a) any period during which the defendant’s driver licence was suspended under section 205 of the Road Transport (General) Act 2005 , and

(b) any other periods after committing the offence to which the sentence relates during which the defendant held, or did not hold, a driver licence that would have permitted the defendant to drive a motor vehicle.

Note: Section 34 of the Road Transport (General) Act 1999 enables a police officer to suspend, by written notice, a person’s driver licence within 48 hours after the person is charged with certain offences involving alcohol or drug use under the Road Transport (Safety and Traffic Management) Act 1999 . The suspension has effect until the charge is heard and determined by a court. Also, section 63 of this Act provides for the stay of the execution of a sentence pending determination of appeal under this Act.

(2) The order has effect despite any stay of execution that has been in force in respect of the sentence appealed against.