Appeals

A criminal appeal allows a person to challenge the outcome of a criminal matter, whether it is the conviction itself or the severity of the sentence. Appeals may be lodged on the basis of legal error, factual mistake, or the discovery of new and relevant evidence.

Strict deadlines apply to all criminal appeals:

• Local to District Court: Within 28 days of the decision (or up to 3 months with leave)
• District or Supreme Court to Court of Criminal Appeal: Usually within 28 days
• High Court Appeals: Special leave must be sought promptly

Brightstone Defence ensures that all procedural steps are properly followed, maximising your chance of success.

The appeals process differs depending on the court and type of appeal, but generally involves:

• Filing a Notice of Appeal or Application for Leave to Appeal within strict time limits
• Preparing transcripts and evidence from the original proceedings
• Drafting written submissions (grounds of appeal)
• Attending a hearing before a higher court judge or panel

Missing a deadline may mean losing your right to appeal. It is essential to obtain legal advice early.

You may be eligible to appeal if:

• The court made an error in law or fact
• Your conviction was unreasonable based on the evidence
• New evidence has come to light that was not available at trial
• The sentence was manifestly excessive or unjust
• You suffered procedural unfairness or bias

We will assess your case thoroughly and provide realistic, honest advice about your prospects.

Strict deadlines apply to all criminal appeals:

• Local to District Court: Within 28 days of the decision (or up to 3 months with leave)
• District or Supreme Court to Court of Criminal Appeal: Usually within 28 days
• High Court Appeals: Special leave must be sought promptly

Brightstone Defence ensures that all procedural steps are properly followed, maximising your chance of success.