Grounds for Appealing

There are many reasons why an appeal may be lodged. Here are some of the more common reasons why you may be able to appeal:

  • The verdict of the jury is unreasonable, or cannot be supported having regard to the evidence
  • The Court made a wrong decision on any question of law
  • The trial was a nullity (the state of being legally void)
  • There was a miscarriage of justice

An appeal on the grounds that there was a miscarriage of justice can include any matter that interferes with the appellant’s right to a fair trial. Those matters include the following:

  • Trial procedure (failure of counsel to appear, refusal to adjourn for the purpose of giving counsel time to prepare, failure to grant legal aid)
  • Improper judicial intervention in trial
  • Failure of Judge to sum up fairly
  • Disqualifying bias of a Judge
  • Improper disclosure of prejudicial material
  • Manner in which the defence counsel conducts the trial (e.g. conducting the defence contrary to instructions given by the accused, or where the conduct of defence has resulted in serious failure by counsel to prepare properly for trial)
  • Inadequate performance of counsel (including exceptional rudeness)
  • Conduct of the prosecutor.

Sometimes a delay in bringing proceedings has caused the trial of an appellant to be unfair. If circumstances show that unfairness occurred, then it may be found that there has been a miscarriage of justice. Examples of this include:

  • Late ruling that evidence be excluded
  • Lost opportunity of effective cross-examination (where a witness becomes unresponsive) circumstances that prevent the accused from having adequate facilities to prepare his or her defence.

If you believe that one or more of the above may have taken place, contact us now!

Appeal Courts

Appeal to the High Court:

  • A defendant in the District Court has a general right of appeal to the High Court.
  • Appeals to the High Court from the District courts or other courts are generally conducted through a rehearing.
  • The High Court judge can come to a different decision to the lower courts on the evidence presented and on the law.
  • A defendant may also appeal most other orders made by the District Court.

Appeal to the Court of Appeal:

  • The Court of Appeal has jurisdiction to hear and determine appeals from any judgment, decree or order of the High Court.
  • Any person convicted on indictment may appeal to the Court of Appeal against the conviction, or the sentence passed on conviction (unless the sentence is one fixed by law) or both.
  • The Court of Appeal also has jurisdiction to hear appeals against pre-trial rulings in criminal cases.
  • There is a right of appeal with respect to High Court decisions granting or refusing bail or in respect of conditions of bail.

Appeal to the Supreme Court:

  • The only decisions that can be appealed are those of the Court of Appeal (unless there are exceptional circumstances).
  • It is necessary in the interests of justice for the Supreme Court to hear and determine a proposed appeal if:
    • a. the appeal involves a matter of general public importance.
    • b. substantial miscarriage of justice may have occurred, or may occur, unless the appeal is heard;
    • c. the appeal involves a matter of general commercial significance; or
    • d. the appeal involves a significant issue relating to the Treaty of Waitangi.