Court of Appeal – Crown Appeal

1. DPP may appeal against sentence if it is considers that there is an error in the sentence imposed and is satisfied that it is in the public interest to do so.

2. The DPP on a Crown Appeal must establish that the sentence imposed was ‘manifestly inadequate’.

3. The DPP must file notice of appeal within 28 days or can apply for an ;extension of time (s 313 Criminal Procedure Act; 2009).

4. A copy of the notice of the Crown appeal must be served personally on the respondent within 7 days of filing the notice with the Court of Appeal.

5. The notice of Crown appeal will have the grounds of appeals and the particulars of those grounds as to why the Director of Public Prosecutions submits that the sentence imposed was manifestly inadequate.

6. Within one month of serving the notice of Crown appeal the Director of Public Prosecutions shall file and serve the summary of the proceedings, summary of the evidence and outline of the Directors’ submissions.

7. The Court of Appeal Registry should also provide a copy of the plea transcript and sentencing remarks.

8. Within one month after service of the Office of Public Prosecutions documents the respondent shall file and serve an outline of the respondent’s submissions.

9. The appeal proceeds straight to the Court of Appeal.

10. The Court of Appeal must allow an appeal if the Director of Public Prosecutions satisfies the Court of Appeal that there is an error and a different sentence should be imposed (s 289 (1) Criminal Procedure Act 2009) and must then impose a sentence that it considers appropriate (s 290 (1)).

11. The Court of Appeal must not consider ‘double jeopardy’ when re-sentencing the respondent under a successful Crown appeal. This was the (seemingly very just ) principle that given a person was facing sentence twice for the same matter it should not be increased substantially without taking that into account.

12. On a Crown Appeal the respondent is entitled to an indemnity certificate which covers the; reasonable costs of their lawyers.

13. If the respondent is appealing against conviction; and / or sentence then the Crown appeal will be heard at the same time as the appeal against conviction.

We are extremely experienced Appeals Lawyers. We have handled a large number of Crown Appeals over the years. If you need advice or representation in an appeal phone us today.