The Court of Criminal Appeal, often referred to as the ‘CCA’, is the State’s highest Court for criminal matters. The CCA hears appeals on sentences delivered by the District Court and the Supreme Court of New South Wales. The purpose of an appeal is to identify and rectify errors of law made by the lower courts. This is a fundamental part of the criminal justice system.  

In order to appeal to the CCA, your solicitor must notify the Court of your intention to appeal within 28 days after you have been sentenced. This allows 6 months for your matter to be assessed to see whether it meets the appealable criteria, namely, whether or not you have cause to appeal your conviction (conviction appeal), or on the severity of your sentence (a sentence appeal), or both (an all-grounds appeal), on the basis that there was seriously unfair, there was a miscarriage of justice and or that there was a mistake at law made by the judge.  

The Prosecution may also appeal a sentence decision made in the lower courts in respect to your matter if they are of the view that the sentence imposed was too lenient.  Usually, your solicitor will engage a barrister who is experienced in appellate cases. Your barrister will then provide an advice as to the prospects of a successful appeal. If there is a prospect of success, your barrister will prepare the appeal grounds and submissions. Once these are completed, your solicitor will arrange to file the required appeal documents and the matter will be listed for hearing in the CCA.

An appeal in the CCA is usually heard by a panel of three judges whose majority decision is the decision that ultimately prevails. However, where a matter is particularly complex or involves a variety of legal issues,  a panel of five judges will also hear a matter.  If you are successful in a conviction appeal, the CCA may ‘quash’ your conviction,  an a re-trial ordered. You may also be acquitted of all of the charges against you.