Criminal Appeals

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Criminal appeals are a vital safeguard against wrongful conviction and unjust sentence. Andrew Byrnes Law Group runs appeals in the ACT Supreme Court and the ACT Court of Appeal, including appeals from the ACT Magistrates Court, sentence appeals, conviction appeals, and case-stated and prerogative relief applications. Deliberately Different.

Types of appeal in the ACT

• Magistrates Court to Supreme Court — appeals against conviction, sentence, or both, under the Magistrates Court Act 1930 (ACT)
• Supreme Court to Court of Appeal — appeals from trial or sentence in the ACT Supreme Court, under the Supreme Court Act 1933 (ACT)
• Crown appeals — appeals by the Director of Public Prosecutions against inadequacy of sentence or against orders of the trial judge
• Prerogative writs and judicial review — challenges to procedural decisions outside the appeal framework
• High Court special leave applications — appeals from the ACT Court of Appeal to the High Court of Australia

Grounds of appeal

An appeal is not a rehearing of the case. It is a review on identified grounds. Common grounds include:

• Misdirection of law by the magistrate or trial judge
• Wrongful admission or exclusion of evidence
• Unreasonable verdict — where the evidence could not properly sustain the conviction
• Manifestly excessive sentence — outside the available range for the offending
• Specific error in the sentencing reasoning
• Miscarriage of justice — irregularity affecting the fairness of the trial
• Fresh evidence not reasonably available at trial

Convicted or harshly sentenced in the ACT? Call (02) 6210 1075 for urgent appeal advice.

Time limits

Strict time limits apply to criminal appeals in the ACT. An appeal from the ACT Magistrates Court must generally be filed within 28 days. Appeals from the ACT Supreme Court must be filed within similar timeframes. Extensions of time can be granted but require an explanation and a real prospect of success. Do not delay seeking advice.

The appeal process

An appeal from the ACT Magistrates Court to the ACT Supreme Court is a rehearing on the evidence given below, with the court having power to admit fresh evidence in limited circumstances. An appeal to the ACT Court of Appeal is more constrained — the court considers identified errors. ABLG prepares written submissions, instructs counsel, and appears throughout.

Sentence appeals in the ACT

A sentence appeal requires demonstration that the sentence was manifestly excessive or that the sentencing judge made a specific error. Manifest excess is a high bar: the appellate court asks whether the sentence falls within the range of sentences that could properly have been imposed. ABLG analyses comparable cases and identifies whether a sentence is genuinely outside that range.

Call (02) 6210 1075 to discuss an appeal with an ABLG criminal defence solicitor.

Conviction appeals

Conviction appeals turn on legal error or unreasonableness. They are won by careful identification of the error, marshalling of the trial record, and persuasive written submissions. ABLG works with senior counsel for ACT Supreme Court and Court of Appeal hearings.

Bail pending appeal

An appellant who is in custody can apply for bail pending appeal under the Bail Act 1992 (ACT). The test is whether exceptional circumstances justify release pending the hearing. ABLG runs bail-pending-appeal applications regularly.

Fresh evidence and miscarriages

Where new evidence emerges after conviction — a recantation, forensic re-analysis, new witnesses — an appeal can be brought on the basis of fresh evidence. The court considers whether the evidence was reasonably available at trial and whether it is capable of changing the outcome.

Special leave to appeal to the High Court

An appeal from the ACT Court of Appeal to the High Court of Australia requires a grant of special leave. The High Court grants special leave sparingly and only in matters of general legal importance or where a serious miscarriage of justice is apparent. ABLG works with senior counsel on special leave applications when the matter raises a question warranting the highest court attention.

Prerogative relief and judicial review

Where a procedural ruling falls outside the appeal framework, prerogative writs or judicial review under the Administrative Decisions (Judicial Review) Act 1989 (ACT) may be available. ABLG advises on the right vehicle for the challenge and the relevant time limits.

Related criminal defence services

• Serious indictable offences
• Murder and manslaughter
• Sentencing options
• Bail applications
• Sexual offences
• Drug supply and trafficking

Frequently asked questions

How long do I have to lodge an appeal in the ACT?

Generally 28 days from the order being appealed. Extensions are discretionary. Speak to ABLG urgently.

Can I appeal both conviction and sentence?

Yes. The notice of appeal can include both grounds.

What is a manifestly excessive sentence?

A sentence outside the range that could reasonably have been imposed for the offending.

Can I get bail while my appeal is pending?

Bail pending appeal is possible under the Bail Act 1992 (ACT) but requires exceptional circumstances.

Does ABLG appear in the ACT Court of Appeal and the High Court?

Yes. ABLG appears in the ACT Court of Appeal and prepares special leave applications to the High Court where appropriate.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.