An appeal is a challenge to a decision of a court which disputes its outcome and which is determined in a superior jurisdiction, the highest in Western Australia being the Court of Appeal of the Supreme Court. The grounds of a challenge are varied, but broadly speaking one can ask a decision to be overturned, modified or re-examined. If the grounds are made out and the challenged decision was found to be made in error, then depending upon the egregiousness of the matter, the appellate court may discontinue the challenged decision or order a retrial.
To prevent perpetual appeals from further slowing the pace of the criminal justice system, a person appealing a decision (the ‘appellant’) must seek the leave of a higher Court to do so first. In seeking leave, the appellant must demonstrate to the court that their dispute has merit. This often requires a separate hearing where the outline of a party’s argument is made, allowing the court to then decide whether a full appeal hearing is warranted.
Our Partner, Fiona Hugo, is our specialist appeals practitioner, with experience at all State levels of the appellate jurisdiction. If you or someone you know has been wrongfully convicted, Fiona is able to provide comprehensive advice as to your prospects of appealing the decision and conduct the subsequent appeal if you so choose. Appeals are not conducted as a typical criminal trial, being especially reliant on technical legal principles, with open-textured concepts such as a substantial miscarriage of justice and the balance of probabilities leaving a lot of room for subjective judicial discretion, making the skill of a convincing advocate imperative to success.
Fiona’s pragmatic and meticulous approach to advocacy and her intimate knowledge of criminal and theoretical caselaw makes her the perfect lawyer to resolve your appeal matter. Contact our office if you would like more personalised advice.
If uncertain as to whether to appeal a decision, Fiona is able to provide an opinion on your prospects.