At Leanne Warren & Associates we are highly experienced with appeal matters. We act in appeals on a regular basis.
Appeals from Decisions of the Magistrates’ Court and Children’s Court
Decisions of the Magistrates’ Court and the Children’s Court may be appealed to the County Court. The appeal to the County Court may be against sentence or conviction, and is dealt with by way of a new hearing.
If an appeal is being made against a sentence of imprisonment, an application for appeal bail can also be made. For more information see Bail Applications/Variations.
In limited circumstances, an appeal may be made from the Magistrates’ Court to the Supreme Court on a point of law.
Appeals from Decisions of the County Court and Supreme Courts
Decisions of the County Court and Supreme Court may be appealed to the Court of Appeal in certain circumstances. Appeals of this nature are only heard by way of a new hearing if the Court of Appeal orders a re-trial.
To make an application to the Court of Appeal, the Court must first grant leave (permission) to appeal.
The Court of Appeal can grant leave to appeal a conviction if:
- The verdict of the jury was unreasonable and cannot be supported by the evidence; or,
- There was an error that lead to the substantial miscarriage of justice; or,
- For any other reason there has been a substantial miscarriage of justice.
The Court of Appeal can grant leave to appeal a sentence if:
- The trial judge made an error of fact; or,
- The trial judge made an error of law; or,
- The trial judge took into account an irrelevant consideration; or,
- The trial judge failed to take into account an irrelevant consideration; or,
- The sentence was manifestly excessive.
If you would like to make an application to The Court of Appeal please contact one of our specialists at Leanne Warren & Associates immediately on 03 9670 6066.