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.
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