Appeals

Appeals are another area which is misunderstood.  A right to an appeal is not something everyone gets.

If someone gets found guilty, they cannot simply decide to appeal that decision.  They must have ‘grounds’ for an Appeal. That means that they must have some actual reason that they were wrongly convicted and be able to show it.

Some appeals such as to a single judge in the Supreme Court from a conviction in the Magistrates Court allow a successful appellant to get some costs back; likewise, however,  an appellant who losses may have to pay the prosecution costs in the appeal.

Sometimes it is not being found guilty that is appealed, it may be the length of a sentence that the sentenced person what they believe is an unfair sentence, or on the flip side, it could be the prosecutor appealing that a sentence was too lenient.

The court will consider their reasons, and then they will decide if they will give the offender or prosecution approval to actually then follow through with the actual appeal. The person appealing must then prepare submissions and argue the appeal. The Respondent to the appeal also prepares submissions and argues the appeal.

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