Appeals from MC to CC

Question 1

who can appeal an MC decision to the CC?

Answer 1

D only

Question 2

if D entered a G plea, how does this affect their appeal?

Answer 2

they can appeal against the sentence only

Question 3

if D entered a NG plea, how does this affect their appeal?

Answer 3

they can appeal against the sentence and/or conviction

Question 4

what are the grounds of appeal when appealing the conviction?

Answer 4

error of fact or law

Question 5

what happens at the CC when hearing the conviction appeal?

Answer 5

the case is re-heard

there can be new Ws and points of law raised

Question 6

what are the grounds when appealing the sentence?

Answer 6

the sentence is excessive

Question 7

what happens at the CC when hearing the sentence appeal?

Answer 7

the case is reheard to take independent view of sentence.

Question 8

what is the procedure to make an appeal?

Answer 8

permission is not required.

D must file a notice of appeal within 21 days of sentence (always sentence). The CC can extend this if out of time.

the MC send this to the CC to list the hearing

the appeal is heard by a recorder or CJ with an even number of Mags

Question 9

what power does the CC have on appeal?

Answer 9

they can:
o Confirm
o Reverse
o Vary + impose any sentence MC could have.