Section 89
Appeal not to operate as stay of execution
of Courts of Judicature Act 1964
Except in the cases mentioned in subsection (3) and section 88, no appeal shall operate as a stay of execution on any judgment, order, conviction or sentence pending appeal on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction, or sentence as to the Court may seem reasonable.
(2)
If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed shall be excluded in computing the term of his sentence unless the
Federal Court otherwise orders.
Courts of Judicature 55
(3)
In the case of a conviction involving sentence of death or corporal punishment—
(a)
the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given or any extension of time which may be permitted; and
(b)
if notice is so given the sentence shall not be executed until after the determination of the appeal.