Appeals

The offender can appeal to a higher court against their conviction or the length of their sentence. If the case was heard in the Local Court, it will be appealed in the District Court. If it was heard in the District Court or Supreme Court, it will be appealed in the Court of Criminal Appeal.

The ODPP can appeal against a sentence if they feel it is manifestly inadequate. But the ODPP cannot appeal against an acquittal.

As an individual, you cannot appeal against an acquittal or a sentence.

If the court upholds the appeal, the court can make a number of decisions. These decisions include:

  • Changing the sentence given to the offender
  • Ordering a re-trial where you and all other witnesses will have to give evidence again. If you are a victim of sexual assault, your evidence from the first trial might be able to be used in the following trial.
  • The higher court may acquit the offender. This means they are free and the charges are quashed. There are no further court proceedings if the offender is acquitted.