A conviction or a sentence may be open to appeal. Strict time limits apply, and they are short.
Hubber Legal conducts appeals in every jurisdiction, in the Local and Supreme Courts. If you wish to explore your rights or want advice on the merits of an appeal, we can assist.
If you are thinking about appealing, get advice now rather than after you have finished considering it. Extensions of time can be sought but they are not granted as a matter of course, and the longer the delay the harder the application.
An appeal is not a second trial
This is the thing most people misunderstand, and it is worth being direct about.
An appeal court does not rehear the case, does not hear the witnesses again, and does not substitute its own view simply because it might have decided differently. It asks whether something went wrong: an error of law, a misdirection to the jury, the wrongful admission or exclusion of evidence, a verdict that cannot be supported by the evidence, or a sentence that is manifestly excessive.
Being unhappy with the outcome is not a ground of appeal. Being convicted on evidence you dispute is not, by itself, a ground of appeal.
That is not a reason not to appeal. It is a reason to have someone assess the transcript properly and tell you honestly whether there is a ground, before you spend money finding out there is not.
Where appeals go
Appeals from the Local Court are generally heard in the Supreme Court.
Appeals from the Supreme Court are heard by the Court of Criminal Appeal of the Northern Territory.
Beyond that, an appeal to the High Court of Australia requires special leave, which is granted sparingly and generally only where a question of law of general importance arises.
Sentence appeals
A sentence appeal argues that the sentence was manifestly excessive, that the sentencing judge made a specific error, or that relevant material was not properly taken into account.
One thing to understand before you appeal a sentence: in some circumstances an appeal court can increase a sentence rather than reduce it. This is a real consideration and it should form part of the advice you receive before an appeal is filed.
What we do
We start by obtaining and reading the transcript. Almost every appeal question is answered there: what was said, what was ruled, what the jury was told, and what the sentencing judge took into account.
We will give you a frank assessment. If there is no viable ground, we will say so, and we will say so before you have spent significant money.
If you were represented by another lawyer at trial, that is not an obstacle and it is not awkward. Fresh eyes on a transcript are exactly what an appeal requires.