If you feel you were wrongly convicted or that your sentence was manifestly excessive in all the circumstances and resulted in a miscarriage of justice, you may consider seeking an opinion as to the merits of an appeal against your sentence or conviction.

Our criminal law team can advise you as to the steps involved in the process of making an application to the Western Australian Supreme Court of Appeal or District Court of Western Australia and help you to decide whether this is the right path to take in resolving your matter. In some cases, it is necessary to obtain leave (permission) to appeal before the appeal can proceed.

The Court of Appeal hears criminal appeals against sentences, such as the length of imprisonment, and appeals against conviction. The process of lodging an appeal can be long and expensive. It is also possible that leave to appeal may not be granted, therefore the more advice you get along the way, the more likely you will be to make the most informed decision about your matter. We can help to advise you whether you are in a position to appeal.

Matters determined by the Court of Appeal are set out in section 58 of the Supreme Court Act 1935. Usually matters in the Court of Appeal will be determined by a panel of three Judges, although some matters will be heard by two Judges or by a single Judge.

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