6. Appeals

If you are unsatisfied with the result of your case, you can appeal the decision. Every defendant in a criminal trial gets the right to appeal their case: sections 125-126 CPA. This is a chance to have another court rehear the case and decide if the decision was made incorrectly. For an appeal of a decision of the JP Traffic Court, your appeal will be heard in the District Court by a Judge: sections 229-232 CPA.

For the decision to be overturned, you must demonstrate that a miscarriage of justice occurred: section 232 CPA. You have the right to appeal three different issues: errors of fact, errors of law, and your sentence.

An error of fact is when the JPs were incorrect about the events for which you were charged. An example of an error of fact is if you were found guilty of speeding despite not travelling above the speed limit. This may happen if you believe a JP misinterpreted evidence or incorrectly declined to allow certain evidence.

An error of law is when the JPs misapplied the law. An error of law usually occurs where an incorrect interpretation of the law, or the wrong law, is used. An example of this would be if you were charged with reckless driving (section 7 LTA) and you were assessed to have been careless instead (section 8 LTA).

You can also appeal your sentence under section 244 of the Criminal Procedure Act if you believe the sentence is incorrect. A sentence may be incorrect if the JPs failed to account for relevant factors. Some examples of these may be if it creates undue hardship or your personal circumstances. If the JPs also misjudge the seriousness of your offending, you may be successful in appealing your sentence.

How do you appeal?

A notice of appeal is a document saying that you are appealing and explaining the reason for your appeal. The form for the notice of appeal can be found online here or at the District Court.

You have 20 working days to file your notice of appeal after the date of your sentence for the conviction. If you are later than this time period, you can still apply for leave to appeal and may be allowed to appeal if the court chooses to hear it.

Filing

You need to file a notice of appeal following the District Court Rules. Filing means giving the document to the court. There are three ways of doing this (rule 2.3(1) of the Criminal Procedure Rules; rule 5.1A of the District Court Rules):

• you can deliver it by hand; or

• send it as a letter; or

• send it electronically.

What happens at an appeal?

The District Court Registry will decide where and when the appeal will have a hearing. Usually, the appeal will be heard at the District Court that is closest to you. The District Court will contact you with details about when and where your appeal will be heard.

At the hearing

Once a notice of appeal has been filed, the JPs’ decisions and relevant documentation will be requested from the court appealed from.

When the District Court has received the decision and relevant documentation, you will be sent a notice, which will inform you of the date and time that the appeal is to be heard, the court it will be heard at and whether and when any submissions on appeal are due. Submissions are your reasons as to why the decision is incorrect.

On the appeal hearing date, the judge will consider the appeal and any accompanying submissions or points on appeal. The judge will then determine whether the appeal should be allowed.

After the appeal

Judgment

The decision may be given immediately, or the judge may reserve their decision to consider the matter further. After the hearing, the judge will make a decision in writing. It may take a few weeks for the decision to be made.

If your appeal has been heard and you are still unsatisfied with the result, you may be able to have a second appeal. To have a second appeal, you need to get permission from the High Court by filing an application for leave to appeal. Your second appeal will only be allowed to occur if the appeal involves a matter of general or public importance or if a miscarriage of justice occurred.

Usually, any application for leave to appeal will be heard at the same time as the second appeal. However, in some cases, an application for leave will be heard before the appeal, and you will get a separate date for the appeal hearing itself if leave is granted.