What Can I do if I Have Been Wrongfully Convicted?
Appeal Against Jury Verdict
If you have been found guilty in the District Court after a trial by jury and believe you have been wrongfully convicted, you may be able to appeal against the jury verdict. This is called a conviction appeal. The appeal will be heard by the Court of Criminal Appeal.
You have 28 days to file the initiating document, called a Notice of Intention to Appeal. Once this is filed you have 6 months to lodge the appeal (Notice of Appeal). The Notice of Appeal outlines the grounds of the appeal (the reasons why you are appealing). It is important to get advice from an experienced appeal lawyer on the potential grounds of appeal. Woolf Associates Solicitors is an experienced appeal law firm in Sydney and will review the trial transcripts to determine whether you have been wrongfully convicted. We will provide advice on the prospects of success of an appeal against a jury verdict.
How can I win a conviction appeal?
In an appeal against a jury verdict some common grounds of appeal are:
The verdict was unreasonable or cannot be supported having regard to the evidence. The High Court in Cardinal George Pell’s appeal upheld this ground of appeal and found that the jury ought to have entertained a doubt as to Pell’s guilt (even though it was assumed that the complainant’s evidence was thoroughly credible and reliable).
The evidence was improperly admitted or rejected by the trial judge.
The judge did not direct the jury properly. At the end of a trial the judge must give the jury directions. These directions allow the jury to properly undertake their task, and determine the facts according to law. A failure to properly direct a jury can cause a trial to miscarry and can be relied upon as a ground on appeal.
What orders can the Court make?
If the Court finds that you have been wrongfully convicted it can allow the appeal, quash the conviction and direct a verdict of not guilty (an acquittal). The Court can alternatively allow the appeal and remit the matter back to the District Court for a re-trial. If the Court does not believe there has been a miscarriage of justice it can dismiss the appeal even if the grounds are made out. It is important to retain a law firm in Sydney experienced in appeal work, to formulate strong, persuasive grounds. Woolf Associates Solicitors has experience in appeals to the Court of Criminal Appeal and works closely with Sydney’s leading appeal barristers.