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The appeal hearing

A person who is represented at a hearing by a lawyer need not attend.

The matter is argued first by the lawyer of the person who is appealing, who puts to the judge legal propositions and previous cases (precedents) supporting the appellant's case. The respondent's case is then argued, usually by the Crown Solicitor, who takes cases over from the police (and other Government departments and statutory authorities) when they move to the Supreme Court. Again legal propositions and precedents are put to the judge, this time in support of the opposing view of the case.

It is up to the judge to decide which argument is correct. The appeal might be allowed or dismissed, with or without costs being awarded against the appellant.

If the appeal is allowed, the judge may:

  • send the case back to the Magistrates Court for re-hearing, normally before a different magistrate
  • in an appeal against conviction, quash the conviction (as if it had never happened)
  • in an appeal against sentence, fix whatever new penalty the Judge considers appropriate.[see Magistrates Court Act 1991 (SA) s 42(5)].
Sentencing Purposes, Principles and Factors  :  Last Revised: Thu Apr 19th 2018
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