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Criminal Appeals
Criminal Appeals
Criminal Procedure
O’Brien Criminal and Civil Solicitors regularly prepare and present criminal appeals across all levels of criminal Courts. If you are not happy or have concerns that you didn’t get a fair go with a Court decision, our lawyers can help. They will advise you on whether you have good reasons for an appeal. If your case warrant it, we will professionally and successfully conduct that appeal for you.
We regularly represent people appealing decisions:
- from the Local Court to the District Court
- from the District Court to the Court of Criminal Appeal
- from the Court of Criminal Appeal to the High Court
- from the State Parole Authority to the Supreme Court
Criminal appeals are a type of legal proceeding that can be pursued after a criminal conviction has been made in a lower court. In New South Wales, appeals can be made to a higher court to have the conviction, sentence, or both, overturned or reduced.
Grounds for Appeal:
An appeal can be made on several grounds such as errors in law, errors in fact, or if the sentence imposed is too severe.
Errors in law are particularly common grounds for appeal, where the judge may have made a mistake in the application of the law or the legal procedures were not followed correctly during the trial.
Appeal Process:
To initiate an appeal, an application must be made to the relevant court, and the appellant must demonstrate that there are reasonable prospects of success in the appeal.
Once the application for appeal has been filed, the court will schedule a hearing. During the hearing, the appellant’s legal team will present their argument and evidence to support their case. The respondent, usually the prosecution, will also be given the opportunity to respond to the appellant’s case.
After considering all the evidence and submissions, the court will then make a decision. The decision can be to allow the appeal, dismiss the appeal, or partially allow the appeal.
How we Can Help
The legal system can be complex and overwhelming. Let us help you navigate it.
Contact us today to learn more about how we can help you.
