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CRIMINAL LAW

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Appeals

Appeal matters to higher Court jurisdictions can be complicated. It is not uncommon for our clients to come to our office after another law firm has not assisted them to achieve their preferred result.

 

One of the important aspects in such circumstances are the time limits in place to appeal a decision, which typically applies for matters heard in tribunals or Courts. If an appeal deadline is missed, the right of appeal may be lost or additional steps may be required to seek leave from the Court (i.e. permission), to appeal out of time.

 

Not acting within an appeal deadline makes the appeal process unnecessarily more difficult and should be avoided. In Appeals Court, an appellant typically has 28 days to lodge an appeal. An appellant has a further period up to a total of three (3) months to appeal, but after 28 days must seek leave to appeal if lodged after then. We can assist you in identifying and monitoring the appeal deadline associated with your decision.

In a criminal matter, before lodging an appeal, the proposed appellant must decide whether they are going to appeal against both conviction and sentence. An appeal against conviction is necessary where the Magistrate has found the person guilty, however, the Court still assert the person’s innocence. However, you might also have been sentenced and you feel the sentence is too harsh. In those circumstances, you will need to lodge an appeal against the sentence.

 

In a case where a person has pleaded guilty to a charge before the Magistrate and believe the penalty received is too severe, then they need only lodge an appeal against the sentence, within 28 days of the sentence date.

 

The Court of Appeal allows the appeal if the appellant satisfies to the Court that:

  1. The verdict of the jury is unreasonable or cannot be supported having regard to the evidence; or
  2. As the result of an error or an irregularity, or in relation to the trial, there has been a substantial miscarriage of justice; or
  3. For any other reason there has been a substantial miscarriage of justice.

 

Our Appeal Lawyers handle all types of appeals including:

  • Appeals to the County Court;
  • Appeal Error of Law from Magistrates’ Court;
  • Appeals to the Court of Appeal; and
  • Appeals to the High Court of Australia.
 

If there is a decision you wish to appeal, contact our team at Executive Lawyers immediately, do not wait. We will advise you on the most appropriate course of action to take to appeal your conviction and sentence, pursue the best possible result for you. Contact us immediately on (03) 8376 6209 to organise an appointment today.

We make things easy, efficient, and worry-free. Talk to us today.