Though there are exceptions, in the criminal law there are two basic types of appeal;
- Where you dispute a sentence
- Where you dispute the result of a trial
Either way we can assist and provide advice about the options available, the prospects of success and the latest developments in the law applicable to your case.
Appeals from the Magistrates Court
Where a defendant attends a Magistrates Court hearing and:
- is found guilty and sentenced for a summary or minor indictable offence, an appeal against conviction or sentence can be made to a single judge of the Supreme Court.
- pleads guilty to a major indictable offence (or a group of offences including a major indictable offence) and is sentenced, an appeal against that sentence can be made to Full Court of the Supreme Court, with the permission of the Full Court.
Appeals from the Supreme Court or District Criminal Court
If the appeal is from a conviction following trial or from sentence in the Supreme Court or District Criminal Court, the appeal will be to the full court of the Supreme Court, usually a bench of three judges sitting together.
Whatever the jurisdiction or level of court (Magistrates, District or Supreme Court) we are highly experienced in appellate work and can help.
To this we must add appeals from decisions of a court which can be taken up to the Supreme Court. Bail can be and is granted on all cases including murder charges. If you wish to dispute the outcome of a decision on bail – either an outright refusal or as to conditions eg -a refusal to remove home detention bail conditions, either way we can help out.
If you need help with an appeal or merely to get some straight advice on where to go to next, call us.