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Clause 275

sets out how an appeal is commenced, namely by filing a notice of application for leave to appeal in accordance with the rules of the court within 28 days of sentencing. The Registrar of Criminal Appeals of the Supreme Court must provide the respondent with a copy of the notice of application for leave to appeal within 7 days after the filing of the notice. The current distinction in section 567 of the Crimes Act 1958 between questions of fact, questions of law and mixed questions of fact and law is not used to delineate different types of appeal. See clause 276 with respect to the reform of grounds of appeal and the proviso. In addition, the distinction between: (a) appeals as of right (i.e. without leave) on questions of law; (b) appeals as of right on questions of fact or mixed questions of fact or law (if the trial judge certifies the case as appropriate); and (c) appeals with the leave of the Court of Appeal on any other ground of appeal has been removed because the processes in (a) and (b) had fallen into disuse. Instead, this clause allows a person to appeal against conviction on any ground of appeal with the leave of the Court of Appeal.