Appeals

AUCKLAND APPEALS LAWYER

You have a right to appeal.

Sometimes the lower courts will make an error. You can consider appealing in lots of different situations – where bail has been declined, where the court has ruled evidence admissible that may impact upon your success of defending a charge, and after trial if you are convicted and sentenced.

I have a growing appellate practice and have achieved excellent results for my clients in the appellate Courts. For example, my clients have been released on bail after being declined bail by a lower court. Evidence which was going to be admitted to their detriment at their upcoming trial has been excluded because of an appeal prior to trial. My clients have also had their convictions quashed and their sentences reduced because of appeals that I have argued.

Appellate advocacy is a highly specialist area of criminal law. I know that to succeed on appeal it is necessary to research thoroughly, draft careful written submissions and deliver focused and concise oral submissions. I have the experience and skills to help you persuade an appeal Court that an error has been made and that this has led to a miscarriage of justice.

If you are thinking about appealing give me a call and we can discuss your options.

Selected Case Studies

B v R

My client appealed against his convictions for historic sexual offending. The Court of Appeal agreed with my submission that the Crown had led inadmissible evidence at his trial and that this had resulted in a miscarriage of justice. My client’s appeal was allowed, and a re-trial ordered.

O v R

My client appealed against his conviction for rape. The Court of Appeal agreed with my submission that the Crown had led inadmissible evidence at his trial, and this had resulted in a miscarriage of justice. My client’s appeal was allowed, and a re-trial ordered.

C v R

My client appealed against his sentence for importing class A and B controlled drugs (13 ½ years). The Court of Appeal agreed with my submission that the lower Court had taken a starting point that was too high and had not given sufficient credit for my client’s personal mitigating circumstances. My client’s appeal was allowed, his sentence quashed and it was substituted with a shorter sentence of imprisonment (9 years and 7 months imprisonment).

B v Police

My client appealed against the refusal of the District Court Judge to grant him bail pending sentence.  On appeal it was argued that the Judge had failed to consider that the likely sentence would be non-custodial.  The High Court Judge agreed and granted my client bail.

T v R

My client appealed against the sentence imposed for a number of burglary offences.  The High court judge agreed that the starting point taken by the District Court judge was too high and that this had resulted in an end sentence that was too high.  My client’s appeal was allowed and his sentence reduced.

O v R

My client appealed against the District Court Judge’s decision to impose a minimum period of imprisonment on his sentence.  On appeal, it was argued that the Judge made an error in the imposition of his sentence.  The High Court Judge agreed with my submission and my client’s appeal was allowed in part.

M v R

My client appealed against his conviction for theft. On appeal it was argued that the Judge had made errors in the factual findings that she had made.  The High Court Judge agreed and quashed by client’s conviction.

L v R

This case involved a successful challenge to the admissibility of a confession made to a police officer.  The confession was excluded because the police failed to follow proper procedure and acted unfairly in obtaining the confession.

If you need a lawyer, give me a call.
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