If you are the subject of a tough or seemingly unjust decision from a court in NSW, you should consider appealing to the NSW Court of Criminal Appeal in Sydney. Decisions of the NSW Court of Criminal Appeal can be further appealed to the High Court of Australia.
The High Court of Australia is the highest court in the Australian court system. Its decisions are final. Most criminal decisions do not automatically go to the High Court. The High Court must be satisfied that there is a special reason why your case should be heard, which is why you must “seek leave” to appeal. If the High Court grants leave, your matter could then be heard by up to seven of the most senior Judges in Australia.
Appeals to the NSW Court of Criminal Appeal and the High Court of Australia inevitably contain very complex legal argument. They are based largely on legal theory, doctrine and precedent. At the appeal stage, they are very unlikely to be based on any question of fact that may have arisen in your original court matter. Therefore, it is far more likely to be a fight about whether the judge properly applied the law, whether a jury had the law properly explained to them, or whether correct sentencing principles were applied.
When you are dealing with such complex criminal matters, you need an accredited criminal law specialist. All of our solicitors are admitted on the High Court Roll.
There is a time limit in which most appeals must be filed.
Don’t leave your appeal to chance. Get an accredited specialist to consider the merits of your case. If you wish to appeal a decision on any NSW court on a criminal matter, talk to the criminal law experts and contact Nyman Gibson Miralis today.