Appeals

Question 1

Appeal from Mags

Answer 1

2 options: CC or HC by way of case stated

CC = automatic right
- serve notice on court and p within 15 business days
- de novo
- can increase sentence may have ot pay Ps costs

HC = permission (only granted if error of law or excess of jurisidction because these are unclear)
- unlikely to impose new decision
- no evidence is heard - legal submissions only
- lose right to appeal to CC

Question 2

Appeal from CC

Answer 2

Appeal to CoA
- permission - at trial or request within 28 days of sentence
- ground: conviction unsafe or sentence is wrong in law or manifestly excessive
- Risk loss of time order / Ps costs / unliekyl to obtain legal aid
- generally no evidence