Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Appeals are a key component of the legal system. While legal representatives will work to achieve the best outcome the first time around, sometimes it’s necessary to appeal a decision. Appeals can be made against a conviction (a finding of guilt) or against the sentence imposed after a conviction, or against both. This section contains information about the various types of appeals concerning criminal matters.
Appeals In The ACT
When a party files an appeal, they are asking the court to reassess a matter that was dealt with in a lower court, such as the Magistrates Court, or in some cases by another government entity. A party may lodge an appeal for various reasons including:
- to seek a more lenient or a harsher sentence;
- to overturn a verdict because there was an error of law or an error of fact.
There are different types of appeals an appellant can make:
- appeal against the sentence;
- appeal against the verdict, which can result in an acquittal or a rehearing of a matter;
The main courts that handle appeals are:
The court hierarchy
To understand how the appeal process works, you must first understand the court hierarchy. An appeal can only be lodged with a higher court. For example, an appellant can appeal a decision of the Magistrates Court to the Supreme Court. The reverse is not possible.
The structure is as follows (from highest court to lowest court):
The Magistrates Court
The Magistrates Court is the lowest court in the ACT. Under its criminal jurisdiction, it deals with summary (more minor and common) offences and certain indictable (more serious) offences that can be tried summarily. The majority of criminal offences in the ACT are for summary offences and therefore will be dealt with by the Magistrates Court.
The Magistrates Court also conducts committal proceedings to determine whether or not indictable offences are to be committed to the Supreme Court. Magistrates Court cases are heard by a single Magistrate.
ACT Supreme Court
Unlike other jurisdictions, the ACT does not have a District Court. The ACT Supreme Court deals with indictable offences and hears appeals against sentence or conviction from the Magistrates Court. These are usually heard by a single judge.
ACT Court of Appeal
The Court of Appeal is the ACT’s highest court for criminal matters and operates as a separate division within the Supreme Court.
A person who has been found guilty by a jury (or judge if the trial was by judge alone) or who plead guilty and has been sentenced by a Supreme Court judge can appeal to the Court of Appeal.
There is no absolute right of appeal and, generally speaking, an error needs to be established for the appeal application to be approved by the court.
The High Court of Australia
The High Court is the highest court in the Australian legal system. It interprets Commonwealth legislation and decides cases of special federal importance including challenges to the constitutional validity of laws. The High Court of Australiaalso hears appeals from the highest courts of each state and terriroty. However, appeals can only take place if the High Court grants special leave to appeal. If special leave to appeal has been granted, the appeal will be heard by five to seven Judges of the High Court.
If you require legal advice about appeals or any other legal matter, call Armstrong Legal on 1300 038 223 or send us an email.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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