Appeals

Appeals

Review and Appeals

The principal Act dealing with appeals and reviews is the Crimes (Appeal and Review) Act 2001. Matters dealt with under this Act include the following:
  • criminal appeals to the District Court, Supreme Court, Land and Environment Court.
  • review of Local Court decisions by the Local Court, including AVOs.
  • appeals in relation to application notices commenced under the Local Court Act 2007.
Review of Local Court decisions
The main features include:
  • the application for annulment of conviction or sentence
  • it is to be made within two years of the conviction or sentence.
  • it can be made by the defendant only if the defendant was not before the court when the conviction or sentence was imposed and the court is satisfied in a defendant’s application that the defendant was unaware of proceedings, was hindered by accident, illness, misadventure or other cause or is in the interests of justice to do so.
  • an annulment application made by the prosecutor must be granted if the court is satisfied that, having regard to the circumstances of the case, there is just cause for doing so.
  • the application can be dealt with in open court, in the presence or absence of the parties or in private.
The court may also, on its own motion in the interest of justice, decide to annul a conviction or sentence made or imposed if the defendant did not appear when the conviction or sentence was made or imposed.
Review of apprehended violence orders

A defendant may make an application for the annulment of an apprehended violence order in the same way as a defendant may make application for annulment of conviction or sentence arising from a court attendance notice dealt with under the Criminal Procedure Act.

The court may grant an annulment if it is satisfied that there is just cause to do so.
There is also a right of appeal to the District Court.

Appeals to Supreme Court

An appeal is instituted by filing a summons. It must be instituted within a certain time. If a party is unable to institute the appeal within the stipulated time, the party may seek an extension of time. If the application is made within the time fixed, a magistrate may extend the time.

The execution of a sentence is stayed when a notice of appeal is given, unless the appellant is in custody. So too is any licence disqualification or suspension which operated automatically upon conviction for an offence. If the appellant is in custody, sentence is stayed when the appellant is entitled to be released on bail.

Appeals to District Court

The law relating to appeals to the District Court is set out in Pt 3 Crimes (Appeal and Review) Act.
The execution of a sentence is stayed when a notice of appeal is given, unless the appellant is in custody. So too is any licence disqualification or suspension which operated automatically upon conviction for an offence. If the appellant is in custody, sentence is stayed when the appellant is entitled to be released on bail.
Appeals to the District Court against conviction or sentence may be made within 28 days or within three months from conviction or sentence by leave of the District Court.
Appeals against sentence are by way of rehearing of evidence. Appeals against conviction are by way of rehearing on the transcripts of evidence, subject to a grant of leave to call fresh evidence or for witnesses to attend.
When the District Court determines an appeal, it does not have the power to remit the matter to the magistrate who made the determination.