An appeal against a criminal conviction entails more than a mere disagreement about the outcome of the process. To appeal successfully requires having a legitimate legal ground for doing so and being well-prepared. Knowledge about what grounds of appeal exist, the time frame that applies, the evidence that will be required, and the potential outcomes of the case will assist you in making a sound judgment.
A criminal defence appeals lawyer can evaluate your case and inform you of the best course of action according to Western Australian law.
The first factor you need to consider is whether there is a valid legal ground upon which to appeal your conviction. The appeal process is not an attempt to present your case anew since the previous outcome was unfavourable. According to Western Australia’s Criminal Appeals Act 2004, an appeal against conviction may have merit where, for example:
Time plays an important role in the process. In the case of appeals within Part 3 of the Criminal Appeals Act 2004, a request to appeal normally needs to be made within 21 days after the decision or judgment concerned, unless the Court of Appeal grants more time. When conviction and sentencing take place on different dates, the statutory period begins from the date of sentencing for an appeal against either the conviction, the sentence, or both.
As deadlines can affect the ability to raise an appeal, getting professional legal advice from criminal damage lawyers at this stage is reasonable. It does not make sense to hope that you will have extra time just because you are not sure yet about how to act.
Reviewing the case in detail allows you to establish if there are any valid grounds for appeal. It includes checking the judgment, transcript, exhibits, evidence, jury directions, evidence rulings, as well as the submissions made by both parties.
It is necessary to concentrate on what happened in the original trial and whether there was any issue of law or procedure that impacted the conviction.
The evidence is a crucial element in a number of cases when appeals are filed for conviction. But challenging the verdict is not about pointing to contradictions or the fact that there could be another interpretation of evidence.
The appeal could involve examination of the fact whether the verdict was unreasonable or had no basis in the evidence. It is possible for the criminal appeal lawyers to evaluate the case record and find out whether the appeal is arguable.
There are appeals based on legal issues rather than on evidentiary problems. For instance, it may be about the interpretation or application of legal rules made by the trial judge.
The court that hears an appeal does not reconsider the case facts but the grounds of appeal. The incorrect interpretation of the law according to section 30 of the Criminal Appeals Act 2004 is one such ground for allowing the appeal against conviction.
It would be good to know what the appeal court could do before initiating an appeal case. In some cases, depending on certain factors and the grounds established, the appeal will lead to the setting aside of the conviction, or another order will be made according to the relevant law.
In some cases, it is possible to have an appeal against the sentence alone rather than an appeal against a conviction. There are provisions relating to sentences and other orders under the Criminal Appeals Act 2004.
There are specialised procedures that one needs to follow when dealing with criminal appeals, as well as specific requirements. Having a lawyer who understands the procedure of appealing will help one to organise his/her process.
When choosing representation, one needs to consider their experience in dealing with criminal appeals, Western Australian courts and trial record analysis. Criminal damage lawyers will help with the initial charges and not appeals.
It is important for any case that is appealing a conviction for a crime not to jump into action but to take time to evaluate things before making a move. This evaluation can include many things such as the strength of the case, the deadlines involved, the trial process, the evidence, the possible mistakes made during trial, and the possibilities involved in the matter.
Seeking input from professional criminal defence lawyers in Perth may allow you to find out whether the case has any merit and what is involved in making that appeal.
