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."
Appeal Against Conviction
If a person is convicted of an offence and disagrees with the judgment they can appeal to the Supreme Court to have the conviction overturned. The person needs to appeal within 28 days of the finalisation of the matter in the Magistrates Court. A person wanting to appeal against conviction after the 28-day time limit has expired will need permission from the court.
Effect of Lodging a Notice of Appeal Against Conviction
When a person lodges an appeal against a conviction, any penalty that is the subject of the appeal is placed on hold until the appeal is decided, abandoned or discontinued (Section 216 of the Magistrates Court Act 1930).
If the appellant was sentenced to imprisonment, they may apply for ‘appeal bail’ under the Bail Act 1992. If granted appeal bail, the person will be released from custody pending the determination of their appeal.
If the appellant was sentenced to a non-custodial order, such as a fine, they will not be expected to comply with the order until after the appeal has been determined.
Initiating an Appeal against Conviction
To initiate an appeal a person must file a Notice of Appeal with the Magistrates Court and serve a copy of the Notice of Appeal on the Director of Public Prosecutions.
Section 214 of the Magistrates Court Act 1930 says that the Supreme Court must consider the evidence in the proceeding from which the appeal arose and has the power to draw conclusions from the facts.
If the Supreme Court considers it necessary in the interests of justice it must:
- order the production of a document or any other evidence that was connected with the proceeding that the appeal arose out of and that could be necessary in deciding the outcome of the appeal; and
- order any person who was or would have been an important witness in the proceeding to appear before the Supreme Court; and
- receive evidence from any witness; and
- receive evidence with the consent of the parties to the appeal.
If evidence is presented, the Supreme Court must receive the evidence unless it is satisfied that there would not be grounds for allowing the appeal even if:
- the evidence is credible and would have been admissible in the proceeding from which the appeal arose and is related to an issue relevant to the appeal; and
- the court is satisfied that the evidence was not called in the proceeding and there’s a good reason it was not called.
What happens next?
After a person files an appeal against their conviction, the following procedural steps will be followed:
- the matter will be given an appeal directions date before the Deputy Registrar;
- the appellant must file a copy of the transcript of the hearing in the Magistrates Court;
- the transcript; and the Notice of Appeal and the Schedule of Documents will constitute the material on which the appeal is heard;
- the Deputy Registrar will ensure that all relevant material will be filed and then docket the matter before a judge and give a callover date;
- the Deputy Registrar may require an appeal book to be prepared.
Orders The Court Can Make
Section 218 of the Magistrates Court 1930 allows the Supreme Court to do any of the following when deciding an appeal:
- confirm, reverse or vary the conviction, order or decision appealed from; or
- give the judgement, make an order, or refuse to make an order; or
- annul the conviction, order or decision appealed from and cancel the proceeding to the Magistrates Court for further hearing and decision, subject to the Supreme Court’s directions.
Any judgement or order the Supreme Court makes has effect as if it was made by the Magistrates Court and will be enforced accordingly.
If you require legal advice about Appeals Against Convictions or any other legal matter, please contact Armstrong Legal.
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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