APPEALS

Appeals

Sometimes something goes wrong and justice miscarries, or a sentence imposed is too harsh. Everyone in New Zealand charged with a criminal offence has a right of appeal, usually, that lies with the High Court. However, the Court of Appeal is the appeal court for all appeals post-jury trial.

Appeals can involve points of law, be a manifestly excessive sentence or could turn on an error made by the Judge.

WE SPECIALISE IN:

We offer specialist representation in all appeals including:

  • Bail appeals
  • Appeals against conviction
  • Appeals against sentence
  • Pre-trial appeals

EXAMPLES

December 2018

We successfully appealed a 3 year disqualification from driving order imposed in the District Court.  On appeal, the High Court quashed the disqualification, partly due to an error of law and party in exercise of the Court’s discretion in the client’s favour.

August 2018

John successfully appealed a sentence imposed in the District Court of 4 years and 2 months’ imprisonment for distribution and possession of child pornography. On appeal, the High Court substituted the sentence for one of 3 years and 5 months.

July 2018

A client appealed his sentence of 2 years, 7 months imprisonment for causing grievous bodily harm with intent to do so.  The High Court allowed the appeal and a sentence of 4 months home detention was subsequently imposed.

October 2017

Client appealed his conviction and sentence. The Court of Appeal quashed all convictions in the District Court and ordered a retrial.

August 2017

Client appealed a pre-trial ruling as to the admissibility of a hearsay statement. The Court of Appeal allowed the appeal ruling the statement inadmissible.

April 2017

Client appealed his sentence in which the Judge refused to commute his sentence of imprisonment to home detention. The High Court found the sentence Judge erred, the appeal was allowed, and the client was sentenced to home detention.

April 2017

Client appealed a pre-trial ruling preventing disclosure of non-party documents. The Court of Appeal allowed the appeal and ordered disclosure of relevant documents.

November 2016

Client appeal a pre-trial ruling preventing a change of election from Judge-alone trial to jury trial. The High Court allowed the appeal and granted leave for the client to change his election.