Appeals to the Higher Courts

In New South Wales the Court of Criminal Appeal (CCA) hears appeals from the District Court and Supreme Court. The CCA only deals with cases where there is an error of law.  When issues of fact are in dispute then you must apply for leave to appeal. It is possible to obtain bail pending the hearing of an appeal in the Court of Criminal Appeal.

To appeal to the CCA you must first file a Notice of Intention to Appeal within 28 days from the date of sentence. If the Notice of Intention to Appeal is not filed within this time you will be required to file a Notice of Application for Extension of Time for Notice of Intention to Appeal. After filing the Notice of Intention to Appeal you are to file a Notice of Appeal and other documentation within 6 months. If the Notice of Appeal is not filed within this time you will be required to apply for an extension to file.

Common grounds of appeal include Unsafe Verdicts; problems with Directions by the trial Judge; and fresh evidence.

If the CCA allows an appeal against the conviction, the CCA has the power to enter a verdict not guilty or order a re-trial.

You may appeal against a decision of the Court of Criminal Appeal to the High Court of Australia. To do so, you must first apply for leave to appeal.