Anyone who has watched a court case on television, or followed one in the news, knows that the criminal justice system is complex. The decisions made by judges and jurors can have a profound impact on the lives of defendants and their families.
If you are thinking of appealing in criminal court in Australia, it is important to understand the process and what to expect. This guide will provide an overview of the criminal justice system in Australia and some things to consider before you appeal to the court.
Understanding the Court of Criminal Appeal
A conviction can be overturned, leading to an acquittal, or it may result in a sentence reduction if an appeal is successful before the Supreme Court of Criminal Appeal (CCA). The highest criminal court in a state or territory, the Supreme Court of Criminal Appeal, handles appeals from the lower courts like the District Court.
If you feel that a jury or judge erred in finding you or a loved one guilty, you have the right to appeal the decision. You may also file an appeal if you think a District Court judge has condemned you or a loved one in an unjust or incorrect manner.
Three primary categories of appeals are:
- Conviction appeal: When a guilty judgement rendered by a jury or judge is appealed.
- Harshness appeal: When the sentence’s severity is challenged; or
- All grounds appeal: The appeal must be based on all reasons, including the conviction, as well as the severity of the penalty.
In the case of a conviction appeal, you have the right to take your case to the Court of Criminal Appeal (CCA) if your grounds for appeal are limited to legal errors.
Different Grounds of Appeal Before the Supreme Court of Criminal Appeal
In order for an appeal to the Supreme Court of Criminal Appeal to be successful, there must be grounds for appeal. The following are grounds for a conviction appeal:
- Making a mistake when deciding whether to admit or exclude evidence during a trial.
This is when the original court’s decision to accept or exclude evidence from a trial is based on an inaccurate legal concept, misapplied the law, overlooked crucial data or made a mistake about the facts.
- The convictions are unjustified or the evidence does not support them.
Here, the CCA court ruled that after evaluating the evidence, it isn’t possible for the jury to find the accused guilty beyond a reasonable doubt.
- Justice is incorrectly handled by the lawyer.
You will often be held accountable for your lawyer’s actions. Incompetence or negligence on the part of your legal representative, on the other hand, can be grounds for an appeal on the basis that it results in a judicial error.
- Varying judgments.
The CCA court comes to this conclusion when it finds that the guilty verdict from the jury or judge on one or more charges in the District Court are incongruous (an insult to reason and common sense).
- Misdirection in the judge’s summary to the jury.
- Procedural injustice.
The CCA Appeal Process and Time Frame
- After the date of conviction or sentence, you have 28 days to file the following:
- A declaration of intent to appeal; or
- A notice of intention to request leave to appeal
- The court may extend this 28-day timeframe if it believes it is in the best interest of justice.
- After it is submitted, the Notice of Intention to Appeal is valid for six months until it expires. If you want to proceed with the appeal during the 6-month window, you must file the following documents:
- Grounds for appeal; and
- Written statements submitted in support; and
- A certificate confirming that records of the trial and transcripts of the sentence are all accessible, and
- A list of criminal lawyers representing you in the appeal.
- The court may extend the 6-month period before the Notice of Intention to Appeal expires.
- A merit advice may not be worth following if there are no grounds for appeal identified therein. In contrast, it will be good to pursue it when there are sufficient grounds.
- You must first get a merit opinion from a qualified appeals lawyer like the Appeal Lawyer Toronto professional if you want to appeal to the CCA.
In a CCA Appeal, Is Bail Possible?
Bail may be granted in case of a criminal appeal to the court or the High Court in the event of ‘special’ or ‘exceptional circumstances’.
What Outcomes Are Possible for a CCA Appeal?
On an appeal, the Supreme Court of Criminal Appeal (CCA) may take any of the following actions:
- In the case of a conviction appeal:
- The CCA court has the authority to overturn the conviction and provide the accused individual an instant acquittal.
- The CCA has the power to send the case back to the initial court for a new trial if they erred in their decision.
- If the original court made no mistakes, dismiss the appeal; alternatively,
- Once it is determined that there was a mistake in the first court, dismiss the appeal if a miscarriage of justice isn’t identified.
- In the case of a severity appeal:
- The CCA Court will then determine if a lesser sentence is fitting in the event there’s an error in the original sentence. If so, it will cancel the original sentence and impose the new lesser one.
- The CCA court may send cases back to the original court in appeals involving the harshness of a sentence if the original court made a mistake.
- If the original court made no mishaps, dismiss the appeal; or
- If no miscarriage of justice is found after determining that an error occurred in the first court, dismiss the appeal.
Takeaway
It is important to remember that a criminal case can have serious consequences on an individual’s life. Before deciding to appeal in criminal court, be sure to weigh all of your options and consult with an experienced lawyer.
