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.
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