Criminal Appeals

Criminal appeals involve an application to a higher court to review a decision made by a lower court.

Individuals can appeal against their conviction, sentence, or both. An appeal from a decision in the Magistrates Court must be brought in the Supreme Court. Any appeal from a decision in the District or Supreme Court is dealt with by the Court of Appeal.

The criminal appeal process can be complicated and requires specific knowledge in the subject area. This process involves a thorough examination of the trial in the first instance, legal arguments, Judges directions and evidence presented, to determine whether there are any grounds of appeal.

A successful appeal may result in a lesser sentence, or the conviction being quashed and a retrial ordered. Sometimes it may result in a straight-out acquittal.

Dr Clint Hampson has been involved in several high-profile appeal matters, including the case of Scott Austic. He is qualified and experienced to assess your case to determine the merit of an appeal. He will do so by casting his meticulous legal and forensic eye over your matter. He is experienced in navigating the complexities of the appeal process, building persuasive arguments, and presenting a case effectively and compellingly.

    1. The success rate of Appeals in Western Australia is less than 3%

    2. Grounds for appeal include errors in law, improper admission or exclusion of evidence, misconduct by the prosecution, and technicalities related to the judge’s directions to the jury.

    3. The law now allows for people to make second and subsequent appeals. The threshold is high and requires new or fresh evidence that is compelling.

If you would like Dr Hampson to review your matter and assess the merits of an appeal, please contact our office.