Grounds for Appeals Against Conviction (s 668E(1))
1.Verdict is “unreasonable, or cannot be supported having regard to the evidence”
2.Trial judge made “wrong decision of any question of law”
3.“[O]n any ground whatsoever there was a miscarriage of justice”
However, these are subject to the proviso in s668E(1A) of the Criminal Code.
2.Trial judge made “wrong decision of any question of law”
3.“[O]n any ground whatsoever there was a miscarriage of justice”
However, these are subject to the proviso in s668E(1A) of the Criminal Code.
Orders following Appeals Against Conviction
* Dismiss the appeal
* Allow the appeal
- Quash the conviction and direct a judgment of acquittal (s668E(2))
- Special cases (s668F)
- Order new trial (s669)
* This last method preserves the sanctity of the jury system. In making the decision whether to order a new trial or to acquit automatically a balance is struck between the public interest in the administration of justice (and the presumption in favour of jury trials) and the interests of the individual (such as the length of time the accused has been imprisoned and the seriousness of the offence): See DPP (Nauru) v Fowler (1984) 154 CLR 627.
* This last method will generally not be used where the appeal was successful on the ground that the jury verdict was unreasonable or unsupportable.
* Allow the appeal
- Quash the conviction and direct a judgment of acquittal (s668E(2))
- Special cases (s668F)
- Order new trial (s669)
* This last method preserves the sanctity of the jury system. In making the decision whether to order a new trial or to acquit automatically a balance is struck between the public interest in the administration of justice (and the presumption in favour of jury trials) and the interests of the individual (such as the length of time the accused has been imprisoned and the seriousness of the offence): See DPP (Nauru) v Fowler (1984) 154 CLR 627.
* This last method will generally not be used where the appeal was successful on the ground that the jury verdict was unreasonable or unsupportable.