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?
<![if !supportLists]>· <![endif]>The Sentence was manifestly excessive (for the defence) OR the Sentence was manifestly inadequate (for the Crown);
<![if !supportLists]>· <![endif]>The Trial Judge did not direct the jury appropriately or The Trial Judge did not sum up the evidence appropriately;
<![if !supportLists]>· <![endif]> There was a miscarriage of justice due to the conduct of the Crown Prosecutor or the conduct of the defence lawyer;
<![if !supportLists]>· <![endif]>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?
<![if !supportLists]>· <![endif]>CCA has the power to set aside a conviction or set aside a sentence based on the appeal; or
<![if !supportLists]>· <![endif]>The CCA may Quash the conviction and enter an acquittal; or
<![if !supportLists]>· <![endif]>The CCA may re-sentence the Appellant; or
<![if !supportLists]>· <![endif]>The CCA may order for a re-trial; or
<![if !supportLists]>· <![endif]> 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.
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