Sentence and Conviction Appeals

Sentence and Conviction Appeals

Australian law allows individuals convicted of crimes to appeal their conviction or sentence.

Grounds for Appeal:

Common grounds include manifest excessiveness of sentence, error of law, or miscarriage of justice. Appeals typically proceed to state or territory Courts of Appeal, with further appeal to the High Court possible with special leave.

Reforms and Trends:

Recent High Court decisions like Hurt v R; Delzotto v R [2024] HCA 8 have clarified principles around mandatory minimum sentencing. Some jurisdictions have abolished de novo (full rehearing) appeals in favour of review on the record.

References:

• Criminal Appeal Act 1912 (NSW).
• House v The King (1936) 55 CLR 499.
• Markarian v The Queen [2005] HCA 25.
• Hurt v R; Delzotto v R [2024] HCA 8.
• Supreme Court of Victoria: Criminal Appeals.