133BA   Errors in form or law not of themselves to enable appeal success

(1)  The Land and Environment Court is not to quash or set aside a conviction, order or sentence on an appeal merely because of:

(a)  an omission or mistake in the form of the conviction or order, or

(b)  any error in law in the order or sentence,

      if it appears to the Land and Environment Court that there were sufficient grounds before the Magistrate to have authorised a conviction, order or sentence free from the omission, mistake or error.

(2)  In any such case, the Land and Environment Court may:

(a)  amend the conviction or order and determine the appeal as if the omission, mistake or error did not exist, or

(b)  remit the case to the Magistrate to make the conviction or order, or impose the sentence, authorised by law and to amend the conviction, order or sentence accordingly.

(3)  If the Land and Environment Court remits a matter to a Magistrate under this section and the Magistrate who made the original conviction or order or imposed the original sentence has ceased to hold office as a Magistrate or is for any other reason unable to continue to hear and determine the remitted matter, the matter is to be dealt with by another Magistrate nominated by the Chief Magistrate.