Criminal Appeals Lawyer Perth
Legal Representation for Criminal Appeals
Do you question the fairness of your recent criminal conviction? Or are you uncertain about the outcome of your sentencing? If you find yourself facing an unfavourable verdict, remember that the journey doesn’t necessarily end here.
At Timpano Legal, we specialise in criminal appeals in Perth and Western Australia (WA). We understand the immense impact these challenges can have on the trajectory of your life or a loved one.
We can help guide you through the complex legal process of seeking justice through the appeals system.
Appealing a Sentence of Conviction in Western Australia
Criminal appeals involve applying to a higher court to review a decision made by a lower court. Individuals can appeal against the verdict, the sentence imposed, or both.
Appeals in Western Australia are governed by the Criminal Appeals Act 2004, which outlines the procedures for challenging convictions or sentences from lower courts to the Supreme Court. There are distinct differences between appeals from the Magistrates Court and those from the District and Supreme Courts. Each type of appeal requires different grounds to be satisfied under the law.
The Criminal Appeal Process
The criminal appeal process in Western Australia varies between appeals from the Magistrates Court and the District Court.
The criminal appeal process can be intricate and overwhelming, requiring an in-depth understanding of the legal nuances involved. This process involves a thorough examination of the trial record, legal arguments, and evidence presented.
Magistrates Court Appeals
If appealing a decision from the Magistrates Court or Children’s Court in Western Australia, the appeal is reviewed by a single Judge of the Supreme Court of Western Australia. The appeal must be lodged within 28 days of the conviction, sentence, or order, unless special circumstances apply.
District & Supreme Court Appeals
Appeals from decisions made in the Supreme Court, District Court, or by a Judge in the Children’s Court are heard by the Court of Appeal, a special division of the Supreme Court of Western Australia. Typically, the appeal is heard before three Judges of the Court of Appeal, though in rare cases, five Judges may hear it. Appeals must be lodged within 21 days of the conviction, sentence, or order unless special circumstances apply.
An experienced appeal lawyer can meticulously examine the trial and/or sentencing record, identify valid grounds for appeal, and present persuasive legal arguments. This expertise is crucial in maximising your chances of achieving a successful outcome in your appeal.
Why You Need an Experienced Criminal Appeals Lawyer
Securing a successful outcome in a criminal appeal requires more than just a fundamental understanding of the legal system. It demands the expertise of a seasoned criminal appeals lawyer who can navigate the complexities of the appeal process, build persuasive arguments, and present your case effectively and compellingly.
An experienced appeals lawyer can thoroughly assess the trial record, pinpoint grounds for appeal, and present compelling legal arguments. This can lead to a variety of favourable outcomes, such as overturning a conviction, ordering a new trial, or other beneficial results.
Our criminal appeals lawyers in Perth have the knowledge and experience to identify legal errors, challenge improper procedures, and craft strong appeals. With our expertise, you have the best chance of achieving a positive outcome in your appeal.
How Timpano Can Help with Criminal Appeals
At Timpano Legal, we are dedicated to providing the highest level of support and guidance throughout the criminal appeal process in Perth & Western Australia (WA).
Our team of seasoned criminal appeals lawyers are committed to thoroughly reviewing your case, identifying potential grounds for appeal against conviction, and formulating a strategic plan tailored to your specific circumstances.
We leverage our expertise to construct a compelling argument on your behalf, passionately advocating for your rights and striving for the best possible outcome.
Are you considering appealing a court decision?
Frequently Asked Questions about Criminal Appeals
What is a criminal appeal?
A criminal appeal essentially involves applying to a higher court to review a decision made by a lower court. Individuals can appeal against the verdict, the sentence imposed, or both.
What are the grounds for a criminal appeal?
Grounds for appeal can vary, but they often 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.
Can I appeal against a conviction even if I pleaded guilty?
Yes, even if you pleaded guilty, there may still be valid grounds for appeal. Consulting with an experienced criminal appeals lawyer at Timpano Legal can help determine whether your case merits an appeal.
What role does new evidence play in a criminal appeal?
New evidence that was not presented during the original trial could potentially strengthen your appeal. Our legal team can evaluate the significance of new evidence for your case.
How long do I have to file an appeal against conviction?
The deadline to appeal a decision from the Magistrates Court is 28 days, while appeals from the Supreme and District Courts must be lodged within 21 days.
The timeline for filing an appeal can be limited, so it’s crucial to act now.
Contact Us for Expert Criminal Appeals Representation
If you are considering appealing, contact us now on (08) 9221 7777 to discuss your options.