What's happening?
If you disagree with the outcome of a criminal matter, whether that is a conviction, the severity of a sentence, or another order made by the court, there may be an avenue to appeal, depending on the court that dealt with the matter and the type of decision involved. Appeals generally need to be lodged within a limited timeframe, so acting quickly is important.
An appeal is not simply a chance to re-argue the case as you would have liked it presented the first time — it typically requires identifying a specific error in how the original matter was dealt with, or, in some appeals, involves a fresh hearing of the evidence. Understanding which type of appeal applies to your situation is an important starting point.
What could it mean for me?
- Appeals are generally subject to strict time limits, so prompt action is important.
- Some appeals involve a complete rehearing of the evidence, while others focus on identifying legal errors.
- An unsuccessful appeal can, in some circumstances, result in a less favourable outcome than the original decision.
- Bail may be available while an appeal is pending, depending on the circumstances.
- The type of appeal available depends on which court dealt with the original matter.
What are my options?
- Appealing a Local Court decision to the District Court, which can involve a full rehearing.
- Appealing a sentence on the basis that it was excessive in the circumstances.
- Appealing a conviction on the basis of an identified legal or procedural error.
- Seeking bail pending the outcome of an appeal, where appropriate.
- Obtaining advice on the merits of an appeal before deciding whether to proceed.
What happens next?
- Get advice as soon as possible after the decision, given the strict time limits that apply.
- Gather the original court documents, including any reasons given by the magistrate or judge.
- Discuss with your lawyer whether there are genuine grounds for an appeal in your matter.
- Consider your position on bail if the appeal will take some time to be heard.
- Prepare thoroughly for the appeal hearing, whether it involves fresh evidence or legal argument.
How can MGE Lawyers help?
We assess the merits of a potential appeal honestly, reviewing the original decision, the evidence relied on, and any legal or procedural issues that may support an appeal, so you can make an informed decision about whether to proceed.
Where an appeal is appropriate, we prepare the necessary documents and represent you at the appeal hearing, keeping you informed of the applicable time limits and process at every stage.