28: Appeals Flashcards
How to appeal a judgment?
- leave of CA (28dys conviction) or
- judge grants certificate (28dys conviction).
How many judges can appeal a judgment?
Appeal MUST uneven number, no less than 3
ERRORS RAISED IN APPEAL
Wrongful admission/exclusion evidence =
- quash WILL if unsafe.
ERRORS RAISED IN APPEAL
Erroneous exercise of discretion =
- quash not normally unless unjust?
ERRORS RAISED IN APPEAL
Rejection of submission of no case to answer =
quash WILL if unsafe
ERRORS RAISED IN APPEAL
Defects in indictment =
(duplicitous) quash MAY if unsafe – (indictment preferred+signed no jurisdiction) = WILL nullity
ERRORS RAISED IN APPEAL
Conduct of trial judge =
quash MAY.
ERRORS IN SUMMING UP
Misdirection on law =
- WILL quash, only if unsafe
ERRORS IN SUMMING UP
Wrongful withdrawal of issues from jury =
MAY if unsafe
ERRORS IN SUMMING UP
Misdirection on facts
- MAY if unsafe
ERRORS IN SUMMING UP
Improper comment on facts or defence case = only where blatant unfairness and pro-prosecution bias =
conviction imperilled.
ERRORS IN SUMMING UP
Comment on failure of accused to testify
MAY
ERRORS IN SUMMING UP
Comment on accused’s character =
- MAY, no right
ERROR AGAINST SENTENCE
Sentence wrong in law =
WILL
ERROR AGAINST SENTENCE
Sentence wrong in principle or manifest error =
reluctant. Only succeed if excessive.
ERROR AGAINST SENTENCE
Judge’s remarks when sentencing
MAY
ERROR AGAINST SENTENCE
Procedural error
MAY
ERROR AGAINST SENTENCE
Sense of grievance =
- WILL if justifiable sense of grievance
ERROR AGAINST SENTENCE
Disparity of sentence = TEST
- wrong in principle or manifestly excessive OR not objectionable and serious.
ERROR AGAINST SENTENCE
Failure to distinguish between offenders =
NO ground of appeal
Appeal docs should not uploaded TO….
Digital Case System
Appeal notice (HOW MANY DAYS)
CONVICTION OR SENTENCE?
28 DAYS
Unless trial judge granted certificate case is fit for appeal
wHAT IS REQUIRED?
Leave is required
Grounds of appeal can varied when lodged, if
registrar agrees,
Transcrips is sent to counsel (14dys) to perfect.
How many days does counsel have to perfect the transcript?
14 days
What happens if the counsel reads transcript + thinks appeal is not arguable?
, tell solicitors +registrar, not send copy of advice.
If Single judge decides if leave to appeal =
it is granted
Appeal against conviction
Is a skeleton argument required?
For conviction appeal
for sentence appeal
CONVICTION: MUST skeleton argument if appeal notice not sufficiently outline appeal or complex/novel law.
SENTENCE: MAY skeleton argument if complex issue raised.
Skeleton argument deadline for appeal?
Appellant and Respondent
appellant (21 dys before hearing),
respondent (14 dys before hearing).