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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
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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."
Appealing A Sentence or Conviction (WA)
If you have been convicted of a criminal offence and/or sentenced in the Magistrates Court, you have a right to appeal against the conviction, against the sentence or both. In order to do so, you must commence an appeal within 28 days of the date of the decision you are appealing. This article outlines the process for appealing a sentence or conviction imposed in the Magistrate’s Court in Western Australia.
The right to appeal against a conviction or sentence in the Magistrate’s Court is found in the Criminal Appeals Act 2004 and allows any aggrieved party to appeal against the conviction (or acquittal), or against the sentence imposed by a Magistrate to the Supreme Court. A single judge of the Supreme Court will hear the appeal and determine whether an error has occurred.
In order to pursue an appeal of this nature, an appellant must be granted leave under section 8(1)(a)(iii) of the Act. Leave can only be granted where the ground of appeal has a reasonable (meaning real, rational and logical) prospect of success.
Appealing a Conviction
An appeal against conviction can be commenced by an individual who is found guilty of an offence or offences and is aggrieved by that conviction. The prosecution can also appeal an acquittal.
Common issues that may arise after a trial and lead to an appeal are:
- The failure of a magistrate to admit evidence;
- The magistrate failing to exclude evidence that was otherwise inadmissible;
- The magistrate applying the law incorrectly; or
- In all the circumstances the verdict was unreasonable given the evidence that was adduced.
Each case turns on its own facts, and the above grounds (and many others) may or not be appropriate.
Appealing a Sentence
An appeal against a sentence can be commenced by an individual on the basis the sentence was imposed in error. That error may be an express error or an implied error.
An express error occurs where the magistrate wrongly applied the law, misstated the facts, or otherwise made a finding that was incorrect in all the circumstances.
An implied error on the other hand is one that can be inferred from the outcome. This is commonly referred to as ‘manifest excess’, and refers to an outcome that was excessive given the circumstances of the offending, and personal circumstances attributed to the offender.
Process of appealing a conviction or sentence in the Magistrate’s Court
In the event you wish to commence an appeal against a conviction or sentence ordered by a magistrate, you will need to file an appeal notice in the Supreme Court. That appeal notice will need to be filed within 28 days of the decision, failing which you will need to file an affidavit explaining why that was not done within the time limit.
The Appeal Notice sets out all the details of the decision you are appealing. If you are appealing against a conviction you would set out the conviction/s you are appealing. If you are appealing against the sentence, you would set out the sentencing orders you are appealing against.
You must also set out the grounds of the appeal. That is to say, what error/s do you say occurred during your trial and/or sentence.
After filing the Appeal Notice you will need to serve it on the prosecution and file an affidavit to say you have done so.
After filing the Appeal Notice you will need to obtain the transcript of proceedings and Prosecution Notice/s, and file them with the Supreme Court. It is important to note that these documents can sometimes take in excess of 14 days, so you should apply for them as soon as you are aware you are likely to commence an appeal.
After the above documents have been filed, you will receive orders from the registrar of the Supreme Court. These orders will require you to file written submissions setting out the basis of your appeal. The orders will also require the other party to file submissions in response.
These interim orders will also require you to file an ‘Entry for Hearing’ which is effectively a request for a hearing date, which will require you to set out dates you are unavailable to attend court for the appeal hearing.
You will be required to file written submissions prior to the hearing of your appeal. These submissions set out the grounds you are appealing on, and the relevant facts and law that support your argument.
It is important to be concise, but also ensure that all relevant details are in the submissions in order to allow the other party to reply, but also to allow the court to understand what your complaint is with respect to your conviction or sentence.
After filing submissions both parties will attend the court before a judge of the Supreme Court. They will hear oral submissions about the grounds of appeal raised. Often, His/Her Honour will ask questions about the content of the written submissions, and you will need to be prepared to answer those questions.
At the conclusion of the hearing, the judge may give their decision, or adjourn to another date to do so. The judge has the power to uphold your appeal or dismiss the appeal.
In the event that your conviction appeal is upheld the judge can send the matter back to the Magistrates Court for a new trial. Alternatively, the judge can substitute your conviction with a finding of acquittal.
In the event your sentence appeal is upheld, the judge will generally resentence you.
In the event your conviction or sentence appeal is dismissed, the original conviction/sentence as found or imposed by the Magistrate will remain.
If you require legal advice or representation in relation to appealing a conviction or sentence or in any other legal matter please contact Armstrong Legal.
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