Supreme Court & Court of Appeal

The Trial Division

The Criminal Division of the Supreme Court’s Trial Division conducts jury trials and pleas for the most serious offences, including murder and some manslaughter and large drug trafficking cases. Judges also hear bail applications where bail has been refused in the Magistrates’ Court or where the charge is murder.

The Court of Appeal

The Court of Appeal hears appeals against conviction and sentence from the County Court and the Supreme Court’s Trial Division. In most cases you need the court’s leave (permission) to appeal, and strict time limits apply. The Director of Public Prosecutions can also appeal against sentences considered too lenient.

Grounds of appeal

• A conviction appeal may succeed where the verdict was unreasonable, the judge made a legal error, or there was a substantial miscarriage of justice.
• A sentence appeal may succeed where the sentence was manifestly excessive or the judge made a specific error.

The High Court

After the Court of Appeal, a further appeal is possible only with special leave of the High Court of Australia, which grants leave in a small number of cases raising important legal questions.

How we can help

We brief senior counsel and specialist appellate barristers and manage the preparation of transcripts, grounds and written submissions. See also Appeals.