Appeals

Typically, there are two grounds for appealing the outcome of a Criminal Law matter: conviction appeal and/or severity appeal.

Also available is the right of appeal to an introductory decision made by a judge or magistrate with respect to the admissibility of evidence or question as to the application of the law.

In all instances, such appeals require particularised grounds detailing error(s) at law and/or its application and/or process – and every legal appeal is unique to the facts of the respective case.

There can be many types of grounds for appealing an outcome of a Criminal Law matter or judgment.

For example, if a defendant disputes the verdict of guilt, a ground of unsafe or unreasonable verdict may be available. An appeal court may then set aside the verdict of a jury if it believes that it is unreasonable or cannot be supported with regard to the evidence.

Likewise, at the end of a judge-alone trial, the respective corams judgment at trial may be set aside on the ground where the judge erred at law, or on any other ground whatsoever, there was a miscarriage of justice.

Whatever the error in your Criminal Law matter may be, our lawyers work with you to determine your grounds for appeal and the merit of those grounds to help forge a path towards a more just outcome for you.

If you believe that you may have the grounds to appeal a criminal conviction or the severity of the penalty handed down to you, you can choose to begin the appeals process in a court higher than the one in which you were originally convicted for example, the appeal process to the District Court, Court of Criminal Appeal or High Court of Australia. All courts have certain jurisdictional tests that must be overcome before an appeal is filed. 

While the appeals process does vary depending on the type of case and the court, it typically begins by filing a Notice of Appeal to the higher court, specifying the grounds for appeal.

We then work to put together all relevant evidence and documents from your previous case to support your appeal, before making your argument to the higher court. The opposing party will also be allowed to argue against your appeal as well.

From there, the higher court will consider all the evidence available to make their final decision – either agreeing with the decision of the lower court, setting it aside and handing down a new decision, or varying the original decision in some way.

Much like the appeals process, the amount of time you have to file an appeal in Australia does vary based on the type of case, as well as the court in which you were prosecuted.

As a general rule, you must file a Notice of Appeal within 28 days of your conviction or sentencing. Here at Daniel Wakim Law Firm, our lawyers are well-versed in all facets of the appeals process and will always work to file your appeal within the allotted time if they firmly believe that you have grounds to challenge the judgment of the court.