We handle appeals involving convictions, sentences, bail and legal questions in New Zealand’s High Court, Court of Appeal and Supreme Court, including Legal Aid cases.
Appeals Lawyer in New Zealand
Lodge An Appeal
If you believe a court reached the wrong decision, we can assess your case and advise on the next step. The right to challenge a decision is an important part of New Zealand’s justice system, but an appeal must be based on recognised legal grounds.
You may be able to appeal a conviction, sentence, bail decision, pre-trial ruling or question of law. Some appeals can be filed as of right, while others require permission from the court. Strict filing deadlines apply, so it is important to speak with an experienced appeals lawyer promptly.
Daniel Schellenberg Barrister has extensive experience conducting criminal appeals in the High Court, Court of Appeal and Supreme Court. We prepare every appeal thoroughly, identify the strongest available grounds and present clear legal arguments to the court.
Daniel also has Ministry of Justice approval to conduct criminal Legal Aid appeals in the Court of Appeal and Supreme Court. Contact us to discuss appealing a conviction and the options available.
Criminal Appeals We Handle
Our team provides legal representation across a range of criminal appeals, including:
- Conviction appeals: If you want to appeal a conviction, we examine the trial process, evidence, judicial directions and decisions that may have affected the outcome.
- Sentence appeals: We assess if a sentence was manifestly excessive, based on an error or inconsistent with the relevant sentencing principles.
- Bail appeals: We challenge decisions refusing bail, imposing restrictive bail conditions or refusing to vary existing conditions.
- Pre-trial appeals: Some rulings involving evidence and other pre-trial matters can be appealed with permission from the court.
- Appeals on questions of law: We prepare appeals involving an alleged legal error or the incorrect application of legislation or legal principles.
- Further appeals: We represent clients seeking leave to appeal decisions to the Court of Appeal or Supreme Court.
Grounds to Appeal Against a Conviction
Disagreeing with a verdict is not enough on its own to appeal against conviction. The appeal must identify a proper basis for the court to reconsider the result. Potential grounds may include an unreasonable verdict, an error of law or a miscarriage of justice.
As an experienced criminal appeals barrister, Daniel examines the complete court record to determine if the conviction can be challenged. This may include reviewing trial evidence, legal rulings, judicial directions, procedural fairness and the performance of previous legal representation.
New evidence may also support an appeal in some circumstances, particularly when that evidence is credible, relevant and could have affected the outcome. We carefully assess any proposed evidence before deciding how it should form part of the appeal.
Support Through Every Stage of a Criminal Case
Why Choose Daniel Schellenberg Barrister?
Proper advice can change how a criminal matter is managed. Daniel Schellenberg Barrister can assist before a Police interview, after an arrest, during a search or when bail is needed. As a criminal defence lawyer for Auckland clients, Daniel reviews how evidence was obtained, identifies weaknesses in the prosecution case and advises you before any statement, plea or court decision is made.
Representation continues through case review, pre-trial applications, judge-alone hearings, jury trials and sentencing. The practice also assists with discharge without conviction applications, limited licences, conviction and sentence appeals, parole hearings and recall matters. People looking for criminal defence lawyers across Auckland and throughout New Zealand can contact the team for serious or lower-level charges. Contact Daniel Schellenberg Barrister to arrange a confidential consultation and discuss the next step in your case.
People comparing appeal lawyers should look for relevant senior court experience, careful legal analysis and a clear understanding of criminal procedure. Contact us promptly to discuss your case.
Senior court experience
Daniel has acted in criminal appeals before the High Court, Court of Appeal and Supreme Court.
Strategic representation
We focus on the strongest available grounds instead of advancing arguments that are unsupported by the record or law.
Detailed case review
We examine the original proceedings carefully to identify errors that may provide a proper basis for appeal.
Direct and confidential support
We explain each stage clearly and handle every appeal with confidentiality, care and discretion.
Clear written advocacy
Strong appeal submissions must explain the alleged error and its effect with precision.
Legal Aid appeal approval
Daniel is approved to conduct criminal Legal Aid appeals in the Court of Appeal and Supreme Court.
FREQUENTLY ASKED QUESTIONS
Useful Tips & Advice
How long do I have to file an appeal?
Under the Criminal Procedure Act 2011 the filing deadline for a criminal appeal is 20 working days from the relevant decision. Different rules may apply depending on the type and stage of the appeal. Contact us as soon as possible so we can confirm the deadline and protect your position.
Is It Possible to Appeal Out of Time?
Yes. The court may extend the filing period, but an extension is not automatic. An application must explain the delay and why allowing the appeal would be in the interests of justice. We can prepare the application and the proposed grounds of appeal.
Can I appeal by myself?
You can represent yourself, but this is not advisable. Criminal appeals involve strict procedures, legal tests and written submissions. An experienced appeals lawyer can identify viable grounds, prepare the required documents and present the appeal on your behalf.
How Long Will My Appeal Take?
The timeframe depends on the appeal type, court, complexity of the case and availability of the court record. Urgent matters, including some bail appeals, may be determined quickly. Conviction and sentence appeals can take several months before the hearing and release of the judgment.
Can I Receive Bail Pending an Appeal?
Bail pending appeal is not automatic. The court considers if granting bail would be in the interests of justice, including the apparent strength of the appeal, the likely time before it is heard and the relevant risks. We can prepare and present an application where there is a proper basis to seek bail.
Contact Us
Contact Daniel Schellenberg Barrister for confidential criminal fraud charges defence in Auckland. Early representation protects your rights and establishes a clear strategy for the investigation or court proceedings ahead.