Appeals
Appeals from the Local Court to the District Court must be brought within 28 days of conviction or sentence but leave may be granted to appeal within a period of three months. Any such appeal is by way of re-hearing based on the transcript of evidence. Victims can only be required to give evidence where there are special reasons and much the same applies in the case of other witnesses. It should be pointed out that without the re-hearing the evidence is normally limited to that before the Magistrate. The question for the District Court hearing a conviction appeal is not whether the Magistrate was in error, but rather, is the District Court judge satisfied beyond reasonable doubt of the guilt of the accused. Sometimes it is forgotton that on appeal, sentences can be increased which is a risk that the accused always needs to consider. If a judge intends to increase sentence he should give the applicant an opportunity to withdraw the appeal before handing down sentence.
Appeals from the Local Court to the Supreme Court. Appeals are now allowed as a right from the Local to the Supreme Court but only on questions of law. Where there are mixed questions of law and fact this can only be done with leave of the court.
Appeals to the Court of Criminal Appeal: putting aside the formalities an appeal has to be lodged within 28 days of conviction or sentence although the court has the power to extend time for appeal. The appeal process is started by a notice of intention to appeal or a notice of intention to apply for leave to appeal. The filing of the notice of intention to appeal gives practitioners 6 months to file the formal notice of appeal which the court is rigidly enforcing.
Appeals to the Court of Criminal Appeal: these are limited to appeals on questions of law alone unless the leave of the court is obtained to entertain questions of fact or sentence. The higher up you go the more limited become the grounds of which appeal is available.
Appeals Articles
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - Have you been charged with assaulting police?
Date: April 03, 2009
Author(s): LAC Lawyers
It has been a long week at work, you decide to unwind and have a couple of beers at your local pub. Unfortunately you don’t know when to stop as you’re having a great time but are annoying some of the patrons at the same time. The management ask you to leave and you refuse.
Criminal Law - A strong prosecution case is not always what it seems
Date: January 30, 2009
Author(s): LAC Lawyers
Doctor Bob was presented with such an apparently insurmountable case. This sixty five year old general practitioner of some forty years experience was languishing in the Court cells as his solicitor poured over photographs of the doctor’s estranged wife. He was charged with assaulting her causing her actual bodily harm. The solicitor in reviewing the photos pondered why the charge had not been the more serious one of occasioning grievous bodily harm. The poor woman was covered from head to foot in multiple bruises of a dark blue/purplish nature.
Criminal Law - Crown Appeal Against Sentence
Date: January 22, 2009
Author(s): LAC Lawyers
When an accused person (“A”) has been convicted or has pleaded guilty to an offence A will be sentenced by the Court. If the Crown is of the view that the sentence A received was manifestly inadequate, then the Crown can appeal against the original sentence.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.