In order to Appeal a decision to the Court of Criminal Appeal, the
appeal must have one or more grounds of appeal. This means that there must be
errors or issues in the lower court jurisdiction to enliven an appeal to the
Court of Criminal Appeal.
What are examples of some Grounds of
Appeal?
·
The Sentence was manifestly excessive
(for the defence) OR the Sentence was manifestly
inadequate (for the Crown);
·
The Trial Judge did not direct the
jury appropriately or The Trial Judge did not sum up the evidence appropriately;
·
There was a miscarriage of justice due to the
conduct of the Crown Prosecutor or the conduct of the defence
lawyer;
·
The evidence which was ruled
admissible and the evidence which was lead before the jury should have not been
lead or admissible
What happens if an Appeal is allowed?
·
CCA has the power to set aside a
conviction or set aside a sentence based on the appeal; or
·
The CCA may Quash the conviction and
enter an acquittal; or
·
The CCA may re-sentence the Appellant;
or
·
The CCA may order for a re-trial; or
·
The CC may order that the Appellant be
returned to the Original Court Jurisdiction (either the Supreme Court or the
District Court) and be re-sentenced according to law.
It is very important that you speak
with a lawyer so that you can get the appropriate legal advice which you
require prior to going to court.
Our team of experienced solicitors are
there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects
the Laws of NSW as at 30th August 2022.
*Please
note that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered
as a substitute for legal advice or even other professional advice. It should
also be noted that accessing of this information from this website does not create a client-lawyer
relationship.