Reasons for an appeal (2024)

There have to be reasons, or ‘grounds' for an appeal. Some of those reasons are explained below.

Appealing against a guilty verdict

When appealing against a guilty verdict a defendant might say:

  • there was something unfair about the way their trial took place
  • a mistake was made in their trial
  • the verdict could not be sustained on the evidence.

Appealing a sentence

When appealing their sentence, the defendant might argue their sentence is much higher than other sentences that have been imposed for that type of offending.

They might also argue that the judge didn’t properly consider their personal circ*mstances.

Sometimes they might argue their sentence should have been suspended, or that they should have been allowed to serve the sentence on home detention.

DPP appeals

The DPP can’t appeal a sentence just because we think the defendant should have received a longer sentence.

For us to be allowed to appeal a sentence, it has to be so low that it is “manifestly inadequate” and it would shake public confidence in the administration of justice if it was allowed to stand.

This is generally where it is necessary to establish a matter of principle that might affect other matters as well.

Reasons for an appeal (2024)

FAQs

What is a good appeal reason? ›

When appealing against a guilty verdict a defendant might say: there was something unfair about the way their trial took place. a mistake was made in their trial. the verdict could not be sustained on the evidence.

What are the reasons you can appeal in a case? ›

In California, you're eligible to appeal the conviction if you've been convicted of a crime and the sentence is unfairly harsh or if there were legal errors during the court proceedings. The higher court can then determine whether these errors directly led to the trial's outcome.

What is the most common basis for appeal? ›

Common Grounds for An Appeal
  1. Legal Errors. ...
  2. Evidentiary Issues. ...
  3. Ineffective Assistance of Counsel. ...
  4. Constitutional Violations. ...
  5. Jury Misconduct. ...
  6. Newly Discovered Evidence.
Aug 11, 2023

What are grounds to appeal? ›

Grounds of appeal – the legal reasons that you appeal is based on. For examples, that the judge did not apply the law correctly, or did not follow the correct legal procedure. Housing disrepair case - a type of legal case where you take your landlord to court for failing to repair a problem in your rented property.

How do you write a strong appeal? ›

Content and Tone
  1. Opening Statement. The first sentence or two should state the purpose of the letter clearly. ...
  2. Be Factual. Include factual detail but avoid dramatizing the situation. ...
  3. Be Specific. ...
  4. Documentation. ...
  5. Stick to the Point. ...
  6. Do Not Try to Manipulate the Reader. ...
  7. How to Talk About Feelings. ...
  8. Be Brief.

What is a good example of a appeal? ›

I am writing to appeal my current disciplinary status, and to apologize for my involvement in the floor crawl which led to my being placed on notice. I realize that what seemed harmless fun to me was actually a danger to my health and the health of others. I sincerely regret my actions that night....

What are 2 examples of appeal? ›

The mayor made an appeal to the people of the city to stay calm. We made a donation during the school's annual appeal. She helped to organize an appeal on behalf of the homeless. My lawyer said the court's decision wasn't correct and that we should file for an appeal.

Do appeals usually win? ›

Winning an appeal is very hard. You must prove that the trial court made a legal mistake that caused you harm. The trial court does not have to prove it was right, but you have to prove there was a mistake. So it is very hard to win an appeal.

How likely are appeals successful? ›

There is a good chance that an appeal won't go in favor of the party making it, as most appeals are long shots. It's difficult to put a number on how many appeals are successful, but many court professionals estimate that fewer than one appeal out of 10 ends in favor of the appealing party.

How do you write a successful appeal letter? ›

The first thing you should do before writing an appeal paper is to brainstorm a list of every reason why you believe the appeal should be granted. Disagreeing with a decision because you don't like it, is not good enough. There need to be specific reasons relating to policy or procedure that warrant a review.

Can new evidence be presented in an appeal? ›

Pursuing an appeal to overturn a criminal conviction in California can be based on various legal arguments. But, unfortunately, it usually can't depend on the presentation of new evidence.

What are the 3 decisions that can be made on appeal? ›

What are the possible outcomes of an appeal?
  • Affirm the decision of the trial court, in which case the verdict at trial stands.
  • Reverse the decision to the trial court, in which case a new trial may be ordered.
  • Remand the case to the trial court.

What not to write in an appeal letter? ›

Don't clutter your letter with information or requests that have no essential connection to the main message. Threatening, cajoling, begging, pleading, flattery and making extravagant promises are manipulative and usually ineffective methods.

How long does an appeal decision take? ›

Most appeals are handled in writing and take about 18 weeks to determine. Informal hearings are likely to take up to about 24 weeks and public inquiries up to about 40 weeks.

What is the time limit for appeal? ›

11. Article 116 of the Limitation Act provides the period of limitation for an appeal, a) to a High Court i.e., 90 days from the date of order/decree; and b) to any other court from an order, 30 days from the date of order/decree. 12.

What is a strong appeal? ›

The phrase "a strong appeal" is correct and usable in written English. It can be used in contexts where someone is seeking something in a forceful, convincing manner. For example, "The protesters made a strong appeal to the town's mayor for greater investment in their local community.".

What is perfect an appeal? ›

To “perfect the appeal ” is to fully comply with the rules, procedures, and time lines of the court. When an appeal has been “perfected,” it is sent to the Superior Court so the judge can review the decision of the lower court and decide whether or not it should be enforced.

Top Articles
Latest Posts
Article information

Author: Francesca Jacobs Ret

Last Updated:

Views: 5953

Rating: 4.8 / 5 (68 voted)

Reviews: 83% of readers found this page helpful

Author information

Name: Francesca Jacobs Ret

Birthday: 1996-12-09

Address: Apt. 141 1406 Mitch Summit, New Teganshire, UT 82655-0699

Phone: +2296092334654

Job: Technology Architect

Hobby: Snowboarding, Scouting, Foreign language learning, Dowsing, Baton twirling, Sculpting, Cabaret

Introduction: My name is Francesca Jacobs Ret, I am a innocent, super, beautiful, charming, lucky, gentle, clever person who loves writing and wants to share my knowledge and understanding with you.