Court of Criminal Appeal Lawyers in NSW
It is increasingly difficult to appeal from the Court of Criminal Appeal, our highest Court in NSW, to the High Court of Australia. Therefore it is essential to get it right. Time limits apply for lodging a notice of intention to appeal and to convert that intention into an appeal. If you have an appeal matter, you should contact a specialist immediately.
Our Accredited Criminal Law Specialist is a member of a panel that specifically deals with certain Court of Criminal Appeal matters – recognised and entrusted to look after this specialised area of work. Nyman Gibson Miralis is a firm name that can be found on many reported and unreported decisions of the Court of Criminal Appeal.
The majority of our appearances in the Court of Criminal Appeal NSW are to appeal against a conviction or sentence following a decision of the Supreme Court of NSW or the District Court – usually after a trial, though sometimes after sentence proceedings following a plea of guilty.
An element of the work that we do is to review the unsuccessful efforts of other solicitors and barristers from trials including sentencing proceedings. That is not to say that matters necessarily involve some element of fault by the previous legal representative – but what it does say is that we are trained to focus upon potential appeal points.
Appeal points can include issues such as a failure of the trial Judge to:
- Admit evidence before a jury.
- Exclude prejudicial evidence.
- Exclude evidence that is of limited probative value, or capable of misleading or confusing a jury.
There are inherent problems with identification evidence, including:
- Judges sometimes make errors in directing a jury as to the law
- Juries may make perverse findings.
- Incompetence of counsel arises at times.
There may be an element of unfairness which renders the trial result suspect.