Gunning Young advises and represents clients in appeals against conviction and appeals against sentence in Western Australia. Appeals involve complex legal arguments and strict time limits, so it is important to obtain legal advice as soon as possible.
There are two main forms of Criminal Appeals:
1) An appeal against conviction, which arises where there has been a legal error during the trial, a miscarriage of justice, fresh evidence, or where the verdict cannot be supported by the evidence; and
2) An appeal against sentence, which arises where the sentence imposed was manifestly excessive, where an error occurred in the sentencing process, or where relevant matters were not properly taken into account.
We offer two forms of assistance depending on your circumstances:
i. We can provide an independent appeal opinion, carefully reviewing the transcript, evidence, reasons for decision and prospects of success, and advising whether there are proper grounds to proceed; or
ii. Where appropriate, we can commence the appeal itself, including preparing notices of appeal, written submissions and appearing in the appellate court.
We carefully review the court record, evidence and reasons for decision to determine whether there are viable grounds of appeal. Where appropriate, we prepare and argue appeals in the District Court and the Supreme Court of Appeal.
We review matters from the Magistrates Court, District Court and Supreme Court, and where appropriate prepare and argue appeals in the District Court and the Supreme Court of Appeal.
If you are considering appealing a conviction or sentence, it is important to obtain legal advice promptly to ensure any appeal is filed within the required time limits.