Appealing a sentence

Contributed by AndrewRobson and current to 27 July 2018

A person can appeal against a sentence based on the sentencing court making a direct error about the law or facts or on the basis of the individual sentence being manifestly excessive or the total sentence being disproportionate or crushing.

The law and procedure about appeals are contained in the Criminal Appeals Act 2004 (WA) and the Supreme Court (Court of Appeal) Rules 2005.

There is a time limit on commencing an appeal and if a person is outside the time limit that person needs to apply to the Supreme Court for an extension by filing an affidavit explaining the delay along with the appeal notice.

The time limit for appealing a sentence of the Magistrates Court is 28 days from the date of the sentence.

The time limit for appealing a sentence of the District or Supreme Court is 21 days from the date of sentence.