Appeals

The key to a successful Appeal is the preparation. We a large amount of time preparing appeals as they most often proceed by way of written submissions in accordance with specific Rules and Regulations.

Court of Criminal Appeal (CCA)

An excellent applied knowledge of Case Law and recent trends in case precedents is critical for a successful appeal. We have strong barristers instructed in the Court of Criminal Appeal (CCA) who are reputable and formidable advocates in the Appellate jurisdiction. We understand that you rely on our experience in working with many of the best barristers over the years to be able to advise on the best barrister for your case.

District Court

Local Court matters are traditionally appealed to the District Court as De Novo appeals - that is, they will be considered fresh or from the beginning again. A new hearing may even be ordered. The District Court Judge will 'stand in the shoes of the Magistrate' and consider whether the result in the Local Court is appropriate. Interlocutory matters such as procedural decisions in the Local Court can be appealed to the Supreme Court.

The CCA is presently not a sympathetic ear to the defence. Those who commonly receive disproportionate penalties imposed in lower courts will find little relief in the CCA. Guideline Sentences, Standard Non Parole Periods combined with political and media interference make the Appellate jurisdiction a hostile environment for most Appellants. we deal with many high profile matters that attract external influences.

We note DPP appeals are at a historical high (DPP appealing what they consider to be lenient sentences). It was once considered respected custom that there were rarely Crown Appeals, but a shift in political conditions has seen these appeals abounding.

All these factors affect Judicial independence, discretion and confidence. As your lawyers we understand and navigate these problems to put you in a position to have a real chance. People are often surprised by our cost effectiveness in appeal matters. The work is high stake, high pressure and highly specialised. We are knowledgeable in case law and the intricacies and nuances of Judges and Courts. Contact us for an opinion about your appeal prospects.