Defending Criminal Charges | Criminal Defence Services | Daniel Schellenberg
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Appeals

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Lodge An Appeal

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I can help you appeal against a variety of judicial decisions. Judges and juries sometimes do make the wrong decision and it is an important part of due process to be able to effectively challenge the decision on appeal. 

You have a right of appeal on a number of decisions including against: conviction, sentence, bail, pre-trial matters and on questions of law.

I am experienced in acting in appeals having worked on appeals in the High Court, Court of Appeal and Supreme Court. Appellate law is a challenging and interesting part of the law which requires dedication and thorough preparation.
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I have Ministry of Justice approval to conduct criminal  Legal Aid appeals to the Court of Appeal and Supreme Court.

Useful Tips & Advice

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How long do I have to file an appeal?
Under the Criminal Procedure Act 2011 you have 20 working days from the date of the decision to file an appeal.
Is it possible to appeal out of time?
Yes but you must apply for and be granted an extension of time from the Court. The Court will allow an extension of time if it is in the interests of justice to do so.
Can I appeal by myself?
Yes but this is not advisable. It is wise to instruct a lawyer who can conduct the appeal on your behalf.
How long will it take for my appeal to be determined?
This depends on a number of factors. Urgent appeals including against refusal's to grant bail are generally quickly determined. Appeals against conviction and sentence often take a number of months until the appeal is heard and a Judgement released.
If I have been sentenced to imprisonment can I receive bail pending appeal?
Admission to bail pending appeal is unusual and only granted in exceptional circumstances. The Court must not grant bail unless it is satisfied that it would be in the interests of justice in the particular case to do so.

Example Cases & Successful Outcomes

Appeal Case Example One


Court of Appeal - Pre-trial admissibility of evidence appeal.
Client was charged with committing burglary by breaking into a residential address and stealing over $100,000 worth of jewellery from a safe. DNA evidence (blood) matched to my client was found at the point of entry and on a screwdriver located next to the damaged safe. The Court of Appeal upheld the High Court’s decision that the DNA evidence was inadmissible due to the police being unable to prove that an earlier DNA sample that linked my client to the burglary was lawfully taken from him. The charge was subsequently dismissed.​

Appeal Case Example Two


Court of Appeal - Appeal against conviction and sentence.
Male assaults female and threatening to kill charges. Both the District Court and High Court refused to grant my client a discharge without conviction on domestic violence charges. An argument arose after my client had consumed a large quantity of alcohol. This resulted in the charges that he faced. My client completed extensive rehabilitation. If the convictions stood his employment opportunities were in real jeopardy. The Court of Appeal allowed the appeal and discharged my client without conviction on both charges.

Appeal Case Example Three:


High Court - Appeal against conviction.
Reckless ill treatment of an animal charge. SPCA prosecution. Client was convicted at a Judge alone trial of neglecting a dog by failing to feed and care for him. He was sentenced to four months imprisonment. He maintained his innocence. Appeal allowed on the basis that a miscarriage of justice had occurred. Conviction quashed. No re-trial ordered.
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​www.stuff.co.nz/national/crime/79915214/auckland-man-cleared-of-dogs-illtreatment.html

Expertise

Murder and Serious Violence

Accused of murder or serious violence?

Drug Offences

Charged with importing or supplying drugs?

Sexual Offences

Facing a rape allegation?

Fraud and Financial Crime

Being investigated or charged with fraud?

Domestic Violence

Charged with domestic violence?

Discharge Without Conviction

Worried about getting a criminal conviction?

Drink Driving

Facing drink driving charge?

Traffic Charges

Charged with dangerous driving causing death or injury?

Limited Licences

Lost your licence? Apply for a limited licence

Defending Criminal Charges | Criminal Defence Services | Daniel Schellenberg

​Your entire life can change depending on the outcome of your case. Anyone would be filled with anxiety. Having the right criminal defence lawyer by your side allows for the best possible outcome. I am the Auckland criminal lawyer you need.​
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Practice Areas

  • Murder and Serious Violence
  • Drug Offences
  • Sexual Offences
  • Fraud
  • Appeals
  • Domestic Violence
  • Discharge Without Conviction
  • Drink Driving
  • Traffic
  • Limited Licences

Contact us

  • Address

    PO Box 327, Shortland Street, Auckland 1140

  • Address09 600 3880
  • Address[email protected]
Legal disclaimer: The information contained within this website is general information only and does not constitute legal advice or establish a lawyer client relationship. Daniel Schellenberg Barrister Limited accepts no responsibility for any loss arising from reliance on this website. ​
Defending Criminal Charges | Criminal Defence Services | Daniel Schellenberg
  • Home
  • Expertise
    • Murder and Serious Violence
    • Drug Offences
    • Sexual Offences
    • Fraud & Financial Crime
    • Appeals
    • Domestic Violence
    • Discharge Without Conviction
    • Drink Driving
    • Traffic
    • Limited Licences
  • Recent Cases
  • About
  • Contact
Get Help Now 09 600 3880