Appeals to District Court

Appeals from the magistrate court to the district court should be lodged within 28 days of the magistrate’s sentence.Save U Legal specialise in criminal law and will represent you for the best possible outcome.

There are a number of grounds for appeal against conviction which may include;

• Judicial error (i.e. wrong decision in law);
• The decision cannot be supported on the evidence;
• The verdict is unreasonable; or
• The verdict amounts to a miscarriage of justice.

The grounds for appeal against sentence can be on the basis that the sentence is manifestly excessive. Note: Courts can increase a sentence on appeal if it thinks fit.

The law governing the conduct and determination of appeals is complex and usually involves a the engagement of a specialist lawyer or barrister.

In the case of appeals against conviction the court can determine an appeal by;

• Setting aside the conviction
• Dismissing the appeal or
• Remitting the matter to court

In the case of appeals against sentence the court can determine an appeal by

• Setting aside the sentence
• Varying the sentence or
• Dismissing the appeal

Save U Legal your local solicitors in Tweed Heads can advise you on your prospects for success and assist you in lodging and running your appeal.