Criminal Appeals in Australia: Your Rights, Process & State Laws

What is a Criminal Appeal?

A criminal appeal is a formal request to a higher court to review and potentially change a decision made in a lower court. If you’ve been convicted of an offence or received a sentence you believe is unjust, an appeal may give you a second chance at justice.

Appeals are strictly time-limited and must follow legal procedures. Acting quickly with proper legal advice is essential.

Types of Criminal Appeals

There are two main types of appeals in criminal law:

1. Conviction Appeals

You may appeal your conviction if:

• There was a miscarriage of justice

• Evidence was wrongly admitted or excluded

• The trial was unfair or legally flawed

• The verdict was unreasonable or unsupported by evidence

2. Sentence Appeals

You may appeal the severity of your sentence if you believe:

• The sentence was too harsh or excessive

• The court failed to consider mitigating factors

• There was an error in applying the law

The prosecution may also appeal if it believes the sentence was too lenient.

Who Can Hear an Appeal?

• Local Court decisions → appealed to District or County Court

• District or Supreme Court decisions → appealed to Court of Criminal Appeal

• In some cases, further appeal to the High Court of Australia (by special leave)

Time Limits for Filing an Appeal

Appeal timeframes vary by jurisdiction, but are typically:

• 21–28 days for conviction or sentence appeals in most states

• Extensions may be granted in exceptional circumstances

Missing a deadline can result in your right to appeal being lost.

The Criminal Appeal Process

1. Notice of Appeal
   A formal document is filed with the relevant court, outlining the grounds of appeal.

2. Preparation of Transcripts and Evidence
   The court compiles a record of the trial, including transcripts and exhibits.

3. Legal Submissions
   Both parties submit written arguments (submissions), sometimes supported by case law or new evidence.

4. Appeal Hearing
   The appeal is heard before a panel of judges. You may not need to be present unless required.

5. Decision
   The court may:

   • Dismiss the appeal

   • Quash the conviction

   • Order a retrial

   • Reduce or vary the sentence

Grounds for Appeal

To succeed, you must prove legal or procedural error — not just dissatisfaction with the outcome. Common grounds include:

• Error of law or fact

• Improper instructions to the jury

• Unreasonable verdict

• Fresh evidence not available at trial

• Breach of procedural fairness

Fresh Evidence in Appeals

In limited circumstances, new evidence can be introduced if:

• It could not have been discovered with reasonable diligence during the trial

• It is credible, relevant, and likely to affect the outcome