Blog Post

The Supreme Court has the Court of Appeal and the Court of Criminal Appeal (CCA). The CCA is the highest court for criminal matters and is a special division within the Supreme Court in New South Wales.

Both the accused and the Office of the Director of Public Prosecution can appeal the trial.

The CCA has the power to determine the arguments to a conviction on the error of:

1. law; or
2. facts; or
3. mixed both law and facts.

Grounds of Appeal

Appeals must list one or more grounds of appeal. Some common grounds of appeal are:

1. The trial Judge made an error when directing the jury or summing up the evidence in the trial;
2. Allowing inadmissible evidence before the jury;
3. The conduct of the Crown prosecutor or the conduct of the defense lawyer or a particular element of the way in which the trial was conducted resulted in a miscarriage of justice; and
4. That the sentence was manifestly excessive or, in the case of a Crown appeal, manifestly inadequate.

Power of the CCA

The leave must be granted. The CCA has the power to set aside a conviction or sentence and make further orders. The Court may:

1. 1. Quash the conviction and immediately acquit the accused person;
   2. Remit the case back to the original court for a retrial or resentenced according to law.

Bail pending an appeal

It is difficult to obtain bail pending the hearing of an appeal in CCA, but it is not impossible. The court only grants bail unless the court satisfies special or exceptional circumstances in the case and the prospect of success on appeal.

The process of Appealing to the CCA

A Notice of Intention to Appeal (NIA) must be filed within 28 days of the date the order was made. If the NIA is not filed within this time, the court may exercise some discretion and extend the time under which the NIA is required to be filed with the court. Accordingly, the person must file a Notice of Application for Extension of Time for NIA. After NIA is filed, a Notice of Appeal (NOA) must be filed within 12 months.

Notice of Appeal

NOA is the formal appeal document, when filing NOA, the applicant must also file

1. Grounds of appeal;
2. Submission on appeal;
3. Certificate under rule 23C of the Criminal Appeal Rule.

Filing Notice of Intention to Appeal, Notice of Appeal, Appeal convictions and sentence, Email: info@cfslegal.com.au