Appeals

An appeal against conviction generally requires showing that a miscarriage of justice occurred, whether due to an error of law, a wrongful admission or exclusion of evidence, an unreasonable verdict, or another significant issue with how the trial was conducted.

An appeal against sentence generally requires showing that the sentence imposed was manifestly excessive, wrong in principle, or that the sentencing Judge made an identifiable error. This might include giving insufficient weight to mitigating factors, applying an incorrect starting point, or failing to properly account for time already spent on bail with restrictive conditions.

Appeals are subject to strict statutory time limits, generally running from the date of conviction or sentencing. Missing these time limits can significantly complicate, or in some cases prevent, an appeal from proceeding, so it is important to seek advice as soon as possible after a conviction or sentence you wish to challenge.

An appeal typically involves obtaining the relevant court transcripts and materials, identifying the specific grounds of appeal, preparing written submissions, and presenting oral argument before the appellate court. Unlike a trial, an appeal does not involve calling new evidence or re-litigating the facts, except in limited circumstances.

Because of the strict time limits involved, it is important to seek advice quickly if you believe you have grounds to appeal. Early advice allows a proper assessment of whether an appeal has genuine prospects of success before time limits become an issue.