Dictionary to appeals section
An appeal against the severity of a sentence.
An appeal against a finding of guilt, the recording of the finding, and the complete orders made by a court in relation to the finding.
All grounds appeal:
An appeal against conviction and, if unsuccessful, an appeal against severity of sentence.
Appeal as of right:
An appeal that you can pursue without the need to obtain the court’s permission.
Appeal by leave:
An appeal that can only be pursued once you have been granted leave (permission) by the court that will hear the appeal. Whether or not the court will grant leave depends on the facts and circumstances of your case.
The act of rendering something void. In this case, it means to set aside your conviction or sentence
Court of Criminal Appeal:
The Criminal Court of Appeal (CCA) is a division of the Supreme Court of NSW and is the highest criminal court in this State. It hears appeals from the NSW District Court proceedings that involve indictable (more serious) offences. It may also hear appeals from the Supreme Court, but these involve offences of an extremely serious nature (e.g. murder).
The CCA is a court of review. This means that it does not hear evidence itself, and in most cases, fresh evidence is not admissible. Where a conviction is challenged, the court will review the proceedings and the judgment of the lower court, and must decide whether an error of law has been shown. An error of law is a misinterpretation or misapplication of a principle of law, or the application of an inappropriate principle of law to the facts concerned.
The CCA may also grant leave to appeal in matters involving questions of fact or mixed questions of fact and law. It may also grant leave to appeal in cases where the severity or adequacy of the sentence is challenged.
High Court appeal:
The High Court is the highest court in the Australian judicial system and is the court of final appeal.
Special leave is required for High Court Appeals. It is usually only granted if it concerns a question of law that is of public importance. The High Court will decide whether or not to grant special leave to appeal.
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.