Appeals

A decision of a Magistrate, on either sentencing or deciding guilt or innocence, can be appealed to the Supreme Court.  The appellant court is not an opportunity to merely have the matter heard again.  An error at law must be shown or the sentence must be manifestly excessive (or too lenient if an appeal by the prosecution)

Either prosecution or accused may appeal.

An appeal from a decision in the Magistrates Court results in the matter proceeding immediately to the Supreme Court and is heard before a single judge.

If an immediate term of imprisonment has been imposed by the Magistrate, a person may be granted bail, pending the outcome of the appeal.

If the matter was heard in the District Court, the defence must first argue for leave to appeal.

Further appeals, against the findings of a single judge in the Supreme Court are heard by the Full Bench of the Supreme Court or ‘The Full Court’.  This is presided on by three or more judges.

Beyond that lies appeals to the High Court of Australia.