What are Criminal Appeals in Western Australia?
In Western Australia, a criminal appeal is a legal process by which a person convicted of a crime can challenge the decision of the lower court. The appeal can be made to a higher court, such as the Court of Appeal or the High Court, with the aim of overturning the conviction or reducing the sentence imposed by the lower court.
To appeal a criminal conviction, the appellant must have grounds that the lower court made an error in law or in fact. They must also have a valid reason for not raising the issue at the lower court, or that new evidence has emerged that would have changed the outcome of the case.
The appeal process typically begins with the filing of a notice of appeal by the convicted person or their lawyer. The notice of appeal must be filed within a certain time period after the conviction, usually 21 days. The appeal court will then review the case and make a decision, which can include upholding the conviction, overturning the conviction and ordering a new trial, or reducing the sentence.
It’s important to note that appealing a criminal conviction is a complex process and it’s advisable to consult with a lawyer experienced in criminal appeals to understand the process and the chances of success.
What are the steps involving Criminal Appeals in Western Australia?
The steps involved in a Criminal Appeal in Western Australia can include the following:
- Notice of appeal: The convicted person or their lawyer must file a notice of appeal with the relevant court within the time period specified by law, usually 21 days from the date of conviction.
- Preparation of appeal: The convicted person or their lawyer will prepare the appeal by gathering and reviewing relevant evidence, identifying grounds for appeal, and drafting legal arguments.
- Hearing: The appeal will be heard by a panel of judges in the relevant court, such as the Court of Appeal or the High Court. Both the prosecution and the defence will present their arguments and evidence.
- Decision: The panel of judges will make a decision, which can include upholding the conviction, overturning the conviction and ordering a new trial, or reducing the sentence.
- Appeal to higher court: If the appeal is unsuccessful, the convicted person may be able to appeal to a higher court, such as the High Court of Australia.
It’s important to note that this is a general overview, and the specific steps may vary depending on the individual case and court procedures. It’s also important to consult with a lawyer experienced in criminal appeals to understand the process and the chances of success.
How can a Criminal lawyer help?
A lawyer who specialises in criminal appeals can provide legal representation and guidance to someone who is seeking to challenge their conviction or sentence through the appeals process. The lawyer can help the individual to understand the appeals process, the grounds for appeal, and the chances of success. They can also review the evidence and develop a defence strategy, which can include arguing that the lower court made an error in law or in fact or that new evidence has emerged that would have changed the outcome of the case.
The lawyer can also file the notice of appeal, prepare the legal briefs, and represent the individual in court during the hearing. They can also provide guidance on the chances of success on appeal and whether the case should be taken to a higher court.
Additionally, a lawyer experienced in criminal appeals can also help the individual to understand the legal process, ensure that their rights are protected throughout the appeals process, and provide advice on any potential alternatives to the appeals process such as plea negotiation or sentence reduction.
Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.