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Appeals against conviction or sentence

Appeals from the Magistrates Court to the Supreme Court are governed by s 42 of the Magistrates Court Act 1991 (SA) and the the Supreme Court Criminal Rules 2014 (SA), Chapter 13.

Those appeals that are against convicton or sentence for summary or minor indictable offences go to a single judge of the Supreme Court [see s 42(2)(b)].

A second or subsequent appeal may be made against conviction with the permission of the Supreme Court. To obtain permission, the person must satisfy the Court that there is fresh and compelling evidence that, in the interests of justice, should be considered on an appeal. The Court may allow a second or subsequent appeal if it thinks that there was a substantial miscarriage of justice, quash the conviction and either substitute a verdict of acquittal or order a re-trial.

See Magistrates Court Act 1991 (SA) s 43A.

Appeals against sentence for major indictable offence

Those appeals that are against sentence for a major indictable offence go, with the permission of the Full Court, to the Full Court of the Supreme Court [see s 42(2)(ab)].

Sentencing Purposes, Principles and Factors  :  Last Revised: Thu Apr 19th 2018
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