In Western Australia, An appeal can be made to a higher court, by any person convicted or sentenced by a lower court, except in criminal appeals originating from Court of Petty Sessions.
Under these circumstances, the case is elevated to the single judge of the Supreme Court and then later to the Full Court.
Generally, you will need to show that there has been an error of law if making an appeal, except where the appeal is between local court and district court.
If a person is not satisfied of a decision handed down by the court of summary jurisdiction, they can appeal the decision to the Supreme Court. Even though Court of Petty Session cases are criminal in nature, they fall within the civil jurisdiction of the Supreme Court, so they are not heard by the Court of Criminal Appeal. The Supreme Court only sits as the Court of Criminal Appeal for appeals from decisions made by District and Supreme Courts.
Under section 8 of the Criminal Appeals Act 2004, an appeal may be made under this Division on one or more of these grounds
that the court of summary jurisdiction
- made an error of law or fact, or of both law and fact;
- acted without or in excess of jurisdiction;
- imposed a sentence that was inadequate or excessive;
- That there has been a miscarriage of justice.
Under section 8 of the Criminal Appeals Act 2004, the following decisions of a court of summary jurisdiction cannot be the subject of an appeal—
- a decision that is declared by an Act to be final or not appealable;
- a decision to commit or not to commit an accused for trial or sentence;
- A decision as to bail.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.
Whether you're in Brisbane, Melbourne, Sydney, Perth or even Adelaide we have criminal lawyers that are ready to help you instantly.
Do you have a question about any aspect of criminal law. If yes, Complete this form "Ask a Question" and we will then send it off to one of our criminal lawyers.ASK A QUESTION