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The completed Notice of Appeal must be filed within 21 days of the date of the judgment, sentence or sentencing decision being appealed together with the prescribed fee [see r 107-108 Supreme Court Criminal Rules 2014 (SA)].

Within five days of filing the Notice of Appeal in the Supreme Court, one copy of the Notice must be served on the respondent and another copy must be served on the Registrar of the trial Court where the decision being appealed was made [see r 110].

A person who is in custody may apply to the court that sentenced them for bail while awaiting the outcome of her or his appeal.

In driving cases where the court has disqualified a person from driving (cancelled or suspended the licence), if the defendant appeals she or he can return to the court which imposed the disqualification and ask for the order of disqualification to be suspended until the appeal is heard. Before the application to suspend disqualification can be heard, the Notice of Appeal must first be filed in the Supreme Court and a copy of the notice must be served on the Magistrates Court which sentenced them. If the suspension of disqualification is granted by the Magistrates Court, then the defendant must show the Registrar of Motor Vehicles that such an order was made and that the appeal has been instituted and she or he will be able to continue driving until the appeal is heard and decided [Motor Vehicles Act 1959 (SA) s 139A].

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