Wrongfully Convicted? How to Appeal a Conviction in the ACT

Although the law is intended by design to uphold justice, certain errors can be committed. It is not absolute, and the err of human judgment can mean a person before the Court for a criminal matter can be wrongly convicted. 



If you have been found wrongly guilty, you may have a right to appeal against that conviction. 

Bear in mind that an appeal is not a re-hearing of the case, but rather an analysis of the legal issues that may have arisen from the evidence during the trial. Exceptional circumstances are required for the appellant to present fresh evidence to the Court. Generally, however, an appellant must convince the judge or judges of the following:

• The verdict should be set aside due to unreasonable and unsupported evidence
• The verdict is reached by an error of law or error of fact
• There has been a miscarriage of justice 

Lodging an appeal against a conviction means any penalty is on hold until the appeal gets decided, discontinued, or abandoned. Persons may appeal for bail if they are sentenced to imprisonment. Should bail be granted, the courts will release the appellant from custody until the appeal is determined. For non-custodial orders, however, appellants may not be required to comply with these orders until the determination of the appeal.

Although the idea may seem daunting, initiating an appeal can be quite straightforward in procedure. To initiate an appeal, you must file a Notice of Appeal with the ACT Supreme Court if you are appealing from the ACT Magistrates Court. You will then serve a copy of this document on the Office of the Director of Public Prosecutions. The ACT Supreme Court is tasked with considering the evidence you have presented in the ACT Magistrates Court proceeding, and any decisions about the appeal will be under their jurisdiction. 

Should the ACT Supreme Court consider the appeal, it may do the following:



• Order the production of evidence or document connected to the trial;
• Summon any person significant to the proceeding to appear before them;
• Receive evidence from witnesses;
• Receive other pieces of evidence with the consent of either party involved

After you’ve lodged your appeal against your conviction, you have a procedure you must follow closely. You will be first given appeal directions date before the Deputy Registrar, to be soon followed by filing a copy of the trial’s transcript in the Magistrates Court. 

The Deputy Registrar will then ensure that all materials are filed by making directions regarding the appeal materials. Depending on your case, the Deputy Registrar may also require you to prepare an appeal book for the trial. 

The law is not absolute, no matter which corner of the world you exist in. Given that it’s subject to human error, people are bound to make mistakes, even the jury. Bear in mind that the law has primarily been made to uphold justice, so if you have been wrongfully convicted, you may have liberty to file an appeal. The process can be overwhelming, however, so it’s always best to consult professional help from an experienced criminal lawyer.

If you require the assistance of professionals, Andrew Byrnes Law Group is ready to help. We are a Canberra criminal law firm, dedicated to mastering our craft and serving the community. As lawyers who innovate and fight fearlessly, we’ll help you strive to get the justice you deserve. Initial consultations are free, and so if you need a lawyer for a criminal matter in Canberra, Queanbeyan, Goulburn, Yass, Wollongong or surrounds, reach out today.