Criminal Appeals
Challenging convictions and sentences in the District Court, Supreme Court, Court of Criminal Appeal and beyond.
Your Right of Appeal
If you have been convicted of a criminal offence or received a sentence that you believe is unjust, the law provides a right of appeal. An appeal is not a re-trial but a review of the original proceedings to determine whether an error of law, fact or procedure occurred, or whether the sentence imposed was manifestly excessive.
Korn Tlais Defence Lawyers has a proven record of success in criminal appeals at every level of the court hierarchy. Our appellate work demands meticulous legal research, persuasive written submissions and commanding oral advocacy.
Types of Appeals
Severity Appeals
A severity appeal challenges the sentence imposed by the sentencing judge or magistrate. It argues that the sentence was manifestly excessive in all the circumstances, having regard to the objective seriousness of the offence, the subjective circumstances of the offender, and the applicable sentencing principles. We have successfully reduced sentences across the full spectrum of criminal offences.
Conviction Appeals
A conviction appeal challenges the verdict itself. It may be brought on the basis that the verdict was unreasonable or cannot be supported having regard to the evidence, that there was an error of law during the trial, or that a miscarriage of justice occurred. These appeals require a thorough review of the trial transcript, the evidence and the directions given to the jury.
All Grounds Appeals
An all-grounds appeal combines both conviction and sentence challenges. This is the most comprehensive form of appeal and involves a complete review of the proceedings to identify every viable ground of challenge. Our team is experienced in identifying and arguing complex points of law that may not have been raised at first instance.
Local Court Appeals
Appeals from the Local Court to the District Court may proceed by way of a fresh hearing (de novo) or on the basis of error in the original proceedings. We advise on the most appropriate avenue of appeal and prepare the case accordingly, whether that involves calling fresh evidence or arguing points of law on the existing record.
The Appeal Process
Critical: 28-Day Time Limit
In most cases, a notice of intention to appeal must be filed within 28 days of the date of conviction or sentence. If this time limit is not met, leave to appeal out of time must be sought, which requires the applicant to demonstrate an acceptable explanation for the delay and that the appeal has merit. It is essential to obtain legal advice as soon as possible after sentencing.
The appeal process involves the preparation of detailed written submissions, the procurement and review of trial transcripts and exhibits, and oral argument before the appellate court. In the Court of Criminal Appeal, matters are heard by a bench of three or more judges. The process demands exceptional legal research, compelling written advocacy and the ability to respond to questions from the bench.
We guide our clients through every stage of the appellate process, providing a realistic assessment of the prospects of success and preparing the strongest possible case for consideration by the court.
Time Is Critical in Appeal Matters
The 28-day filing deadline is strictly enforced. If you are considering an appeal, contact us immediately to ensure your rights are preserved.