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You may have just received a court judgement for a criminal offence and are unhappy with the decision. You may think that the decision is not right and the court did not take into account all the evidence. There is a process under the law which allows a person to ask the court to review a decision. This process is called an appeal. An appeal is the formal process to change an official decision made by the court. Our Appeal Lawyers and Sydney Criminal Lawyers are well versed in the appeal process and will be able to provide you with advice and assist you in appealing a criminal law decision or appealing a criminal law conviction.  Of course, whether you will be able to appeal and on what basis, will of course depend on the merits of the case, the type of matter and the factual matrix at hand.

The Court Hierarchy

To make an appeal, it is important to keep in mind the court hierarchy. If you make an appeal application to the wrong court, you would not only be wasting your time but also the court’s time and that is not looked upon favourably by the Court. Our Appeal Lawyers can ensure you follow the relevant appeal process for your matter.

The hierarchy of the courts for an appeal is as follows:

Step 1: Local Court

Step 2: District Court (some offences begin here due to severity)

Step 3: Supreme Court (some appeals may go directly from the District Court to the Criminal Court of Appeal)

Step 4: Criminal Court of Appeal

Step 5: High Court of Australia (is leave is granted by the court)

Depending on the type of offence and the reason for the appeal, the Court to which you will need to make an appeal will differ. For example, for an indictable offence like sexual assault under section 61I of the Crimes Act 1900 (NSW) which has a maximum penalty of fourteen (14) years imprisonment, the proceedings will be commenced in the District Court rather than the Local Court, due to the severity of the offence.

The Criminal Court of Appeal

For all criminal law matters, the Criminal Court of Appeal is the highest court. In exceptional circumstances, you may be able to apply to the High Court to appeal a decision made by the Criminal Court of Appeal. Generally, the Criminal Court of Appeal is the highest court for criminal law matters.

For an appeal to be made to the Criminal Court of Appeal, certain restrictions apply. The major restriction is that the Criminal Court of Appeal will only review decisions made by lower courts where the applicant contends an error of law has been made. Due to the legal technicalities involved in making an appeal to the Criminal Court of Appeal, you should seek immediate legal advice. The court does not like to waste its time.

An error of law may include the following:

  • An error of law in relation to the severity of the sentence;
  • An error of law in relation to admission of certain evidence or the inadmission of certain evidence; and/or
  •  An error of law in relation to finding the defendant guilty or not guilty.

To make an appeal to the Criminal Court of Appeal, you must file a notice of intention to apply within 28 days of the decision which you wish to appeal. If you do not file a notice of intention to appeal, the court may still allow you to appeal. You should obtain legal advice as soon as possible to ensure that you do not lose your right to appeal.

The Criminal Appeal Lawyers at Navado Lawyers & Solicitors are able to appear in and assist with criminal matters in a range of appellate courts.  Like the Criminal Court of Appeal, Appellate Courts require unique processes to be met (and the processes differ for each Court) and different time limits also apply.  Speak to one of our experienced Criminal Appeal Lawyers today by calling (02) 233 4048 or sending an email to info@navado.com.au.

 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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