Appeals

A criminal defence appeal is a legal process where a person who has been convicted of a crime requests a higher court (usually the Court of Criminal Appeal (CCA)) to review and reconsider the conviction or sentence. This process allows the defendant to challenge the decision of the trial court based on legal errors, new evidence, or other grounds.

You may be able to appeal your conviction if:

• There was a legal error during your trial: For example, incorrect rulings by the judge, improper admission of evidence, or wrongful jury instructions.
• New evidence has come to light that was not available during the original trial and could change the outcome.
• You believe the verdict was unreasonable: If the verdict was not supported by the evidence, you can appeal on the grounds that the conviction was unsafe or unjust.

It’s important to speak with a criminal defence lawyer to assess whether you have sufficient grounds for appeal.

Some common grounds for appeal include:

• Misapplication of the law: If the trial judge misinterpreted or misapplied the law relevant to your case.
• Procedural errors: If there were significant procedural mistakes made during your trial, such as improper jury instructions, failure to disclose evidence, or improper questioning by the prosecution.
• Insufficient evidence: If the evidence presented at trial was insufficient to support the conviction.
• New evidence: If new, compelling evidence is discovered after the trial that could change the verdict.
• Unfair trial: If the trial was unfair in a way that compromised your ability to get a just outcome (e.g., inadequate legal representation).
• Sentencing errors: If the sentence imposed was manifestly excessive or wrong in law.

Yes, you can appeal your sentence if you believe it is too harsh or disproportionate. The Court of Criminal Appeal (CCA) can reduce or vary your sentence if they determine that the sentence was:

• Manifestly excessive: If the sentence was too severe given the nature of the offence and the circumstances.
• Improperly applied sentencing principles: If the judge made an error in applying the relevant sentencing laws or guidelines.
• A result of procedural unfairness: If there were procedural issues in the sentencing process that affected the fairness of the outcome.

• Appeal against conviction: This challenges the conviction itself, asking the higher court to determine whether the trial court’s decision was correct. The grounds for appeal could be legal errors, insufficient evidence, or procedural issues.
• Appeal against sentence: This focuses on the penalty imposed following a conviction, asking the higher court to review whether the sentence was appropriate or too severe. This could be based on mitigating factors that were not adequately considered or an incorrect application of sentencing laws.

The length of a criminal appeal can vary depending on several factors, including the complexity of the case, whether new evidence is introduced, and the court’s schedule. Generally, the process can take several months to a year. Some cases may take longer if there are delays in gathering evidence or obtaining court documents.

You will be given a timeline when you file your appeal, but it’s important to stay in touch with your lawyer for updates.

Yes, it is possible to appeal if you pleaded guilty. However, it is generally more difficult to appeal a guilty plea than a conviction following a trial. Some potential grounds for appealing a guilty plea include:

• Coercion or duress: If you were forced or pressured into pleading guilty against your will.
• Ineffective legal representation: If your lawyer failed to properly advise you or did not adequately prepare your case.
• Factual mistake: If you pleaded guilty to a crime you did not commit and new evidence comes to light that proves your innocence.

Yes, if the Court of Criminal Appeal finds that your sentence was too harsh, it has the power to reduce it. The court may:

• Reduce the length of imprisonment.
• Alter the type of sentence (e.g., change a prison sentence to a community service order or a fine).
• Vary the conditions of a sentence (e.g., change parole conditions).

However, the court will only reduce a sentence if they find it to be manifestly excessive or if there was an error in the sentencing process.

No, you cannot appeal if you were acquitted or found not guilty in a criminal trial. The prosecution, however, may have the right to appeal a verdict of acquittal under very limited circumstances (e.g., in a case of legal error or a miscarriage of justice). But as a defendant, if you are acquitted, the matter is considered resolved, and you cannot appeal the verdict.

Our criminal defence lawyers can assess your case, advise on possible grounds for appeal, and guide you through the Court of Criminal Appeal process.

You can contact Brightstone Defence to arrange a consultation and discuss your appeal options with an experienced criminal defence lawyer.