COURT OF CRIMINAL APPEAL
The Court of Criminal Appeal is the State’s highest court for criminal matters. A person who has been convicted or has pleaded guilty and been sentenced by a Supreme Court or District Court Judge, may appeal to the Court of Criminal Appeal.
Appeals are generally heard by three Judges, although five Judges may sit when significant legal issues need to be considered. The majority view prevails. When sentence appeals do not involve a dispute on any issue of legal principle, only two judges need to sit.
There are a number of grounds for appeal including a challenge to a conviction involving a question of law. The Court of Criminal Appeal may also grant leave to appeal in matters involving questions of fact or mixed questions of fact and law. It may also grant leave to appeal in cases where the severity or adequacy of the sentence is challenged.
Peter Murphy Criminal Law lodges and appears in all types of hearings in the Court of Criminal Appeal. We brief and instruct experienced barristers including Queen’s Counsel and Senior Counsel who regularly appear in that jurisdiction.
We have conducted numerous appeals including the following cases:
Cao v Regina; Phan v Regina; Nguyen v Regina [2009] NSWCCA 273 (11 November 2009)
Huynh v R [2009] NSWCCA 65 (13 March 2009)
Steer v R [2008] NSWCCA 295 (9 December 2008)
R v Chea [2008] NSWCCA 78 (21 April 2008)
Elyard v R [2006] NSWCCA 43 (6 March 2006)
R v DV [2005] NSWCCA 319 (8 September 2005)
R v Kesisyan [2003] NSWCCA 259 (3 September 2003)
R v Higgins [2002] NSWCCA 407 (2 October 2002)
R v Drew [2000] NSWCCA 384 (4 August 2000)
R v Bijkerk [2000] NSWCCA 122 (14 April 2000)
R v Richards & Bijkerk [1999] NSWCCA 114 (29 April 1999)
APPEALS FROM THE LOCAL COURT TO THE DISTRICT COURT
If you are dissatisfied with your result before a Local Court Magistrate, you may appeal to the District Court. Appeals can be against a finding of guilt after a defended hearing – an “All Grounds Appeal” – or against a sentence imposed after either a defended hearing or plea of guilty – a “Severity Appeal”. Both types of appeals involve the review of the Magistrate’s determination by a Judge at the District Court.
Appeals to the District Court should be lodged within 28 days of the Magistrate’s determination, but the time limit can be extended to three months under certain circumstances.
All Grounds Appeals
The hearing of an “All Grounds” Appeal in the District Court is generally conducted by the Judge reviewing the transcript of the Local Court proceedings, examining the exhibits and hearing submissions from the prosecutor and your lawyer. In certain circumstances leave can be obtained to present additional evidence which may also be considered.
Severity Appeals
The hearing of a “Severity” Appeal is generally conducted by the Judge reviewing the prosecution facts and any exhibits tendered in the Local Court as well as considering any sworn evidence and additional material tendered on your behalf and hearing submissions from the prosecutor and your lawyer. It is often helpful for an Appellant to give evidence before the District Court, particularly on matters such as remorse, special circumstances, duress and, in appropriate cases, the need for a driver’s license.
The District Court considers both types of appeals on the evidence presented at the hearing of the appeal, and does not have to be satisfied that the Magistrate made an error.
Appeals to the District Court require a high level of preparation and representation. We conduct them regularly and generally achieve positive results.
"Dear Peter,
We would like to thank you for all your work with regards to S xxx 's severity appeal at the District Court.
We really appreciated your intelligence, professionalism and your approachability.
Yours sincerely,
(Mrs) S and S xxx"
FROM AN UNSOLICITED TESTIMONIAL OF 8 JANUARY 2010.
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