The process of appeal is available to any person aggrieved by the decision of the magistrate court.
The aggrieved party is one who has a direct interest in the decision brought to be reviewed by the appellate court and the direct interest spoken of being something personal to him and not shared by the general public. And direct interest need not be of a legal nature in the sense of pecuniary interest or estimation.
In any given case, the aggrieved party may either of the party litigants, as complainant or as the defendant. Even the attorney general can be considered an aggrieved party when he or she appeals the decision of the lower court.
In Western Australia, the supreme court hears the appeal emanated from the lower court. In determining the appeal, the supreme court in accordance with the Criminal Appeals Act 2004 can dismiss the appeal outright for lack of merits or allow the appeal to be heard.
The Supreme Court may also quash or set aside the decision or modify the same or the penalty imposed by the lower court. It has also the appellate authority to substitute a decision that should have been made by the lower court or remand the case for rehearing by, the lower court and make orders or pronouncements as to costs.
The appellate court in determining the grounds raised by the aggrieved party to appeal his or her case may hear the same based on the evidence presented by the parties during the trial and may further require and receive additional evidence material for the proper disposition of the appeal.
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Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.