As previously discussed in our other
blogs, the Supreme Court is the highest Court in all of NSW. In the Supreme
Court, there are 2 separate Appellate Courts, and they include the Court of
Appeal as well as the Court of Criminal Appeal.
The Court of Criminal Appeal is the
highest Appellate Jurisdiction in all of NSW, this court is contained in a Special
Division within the Supreme Court, and this is the state’s highest Court for
Criminal Matters in NSW. The Criminal Court of appeal usually decisions from
both the Supreme Court as well as the District Court.
Appeals to the Court of Criminal
Appeal can be made by either the Director of Public Prosecutions or by a
defendant. Appeals made to the Court of Criminal Appeal (CCA) are made with
respect to defendant’s convicted following a Trial in either the Supreme Court
OR the District Court. Appeals to the Court of Criminal Appeal (CCA) can also
be bought with respect to sentences in the Supreme Court or the District Court.
Bail pending An Appeal
(Appeals Bail)?
If a person is convicted following a
Trial or if a person has Pleaded Guilty in the Supreme Court or District Court,
then section 22B of the Bail Act provides that where an accused has either been
found guilty or entered a plea of guilty and will be sentenced to full time
imprisonment the court must refuse bail unless there are Special or Exceptional
circumstances.
Types of Appeals Heard
in the CCA?
The different types of appeal which
the Court of Criminal Appeal (CCA) determines include:
1.
Challenge to ‘Severity’ or the
‘Adequacy/Inadequacy’ of the sentence imposed (subject to Leave being granted);
and
2.
Challenge to a ‘Conviction’ which involves a
Question of Law; and
3.
Challenge to a ‘Conviction’ involving
questions of fact alone or questions of both fact and law (Subject to Leave
being granted).
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.