Lodge An AppealVertical Divider
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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. I have Ministry of Justice approval to conduct criminal Legal Aid appeals to the Court of Appeal and Supreme Court. |
Useful Tips & AdviceVertical Divider
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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. www.stuff.co.nz/national/crime/79915214/auckland-man-cleared-of-dogs-illtreatment.html |
