Appeals

Typically appeals are against conviction, severity of sentence or both.

An offender may successfully appeal a conviction where they convince a higher court that a lower court made an error or errors in relation to the facts of the case, the applicable law or both the facts of the case and the applicable law.

An offender who pleaded guilty to an offence, and on the basis of their guilty plea was convicted, can still appeal their conviction despite their guilty plea. However, in such circumstances, the intended court of appeal must grant leave to the offender to appeal to the court.

In law, such leave follows such an offender proving the circumstances of or surrounding the offender’s guilty plea, and their conviction based upon that plea amounts to a miscarriage of justice.

An appeal against severity of sentence succeeds where the appellant shows that the sentencing judge delivered a sentence upon the appellant that was, in law, too harsh or severe having regard to factors including the objective seriousness of the offender’s offending and the offender’s circumstances (such as appeal). If the appellant succeeds in appeal their sentence may be reduced.