Appeals (HSC SSCE Legal Studies): Flashcards
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Practise the cards
10 cards from this deck
Appeal definition
Appeal definition
Process to review lower court decisions by higher court
Appellant
Appellant
Person or party bringing the appeal
Two types of criminal appeals
Two types of criminal appeals
Appeal against conviction and sentence appeal
Appeal against conviction
Appeal against conviction
Argues they didn't commit offence they were found guilty of
Requirement for conviction appeal success
Requirement for conviction appeal success
Must demonstrate a legal error occurred during trial
Sentence appeal
Sentence appeal
Challenges severity or leniency of sentence, not conviction
Risk when appealing a sentence
Risk when appealing a sentence
Sentence could be increased rather than reduced
Local Court appeal route
Local Court appeal route
Automatic right to appeal to District Court for rehearing
District/Supreme Court appeal route
District/Supreme Court appeal route
Must seek permission to appeal to Court of Criminal Appeal
High Court appeal requirement
High Court appeal requirement
Must seek special leave, granted only in rare circumstances