Appeals
The purpose of appeals to a higher court is to ensure that prosecution actions are justly and correctly applied and that any penalty or order imposed is appropriate in the circumstances. The primary concern in a decision to appeal is whether the applicable law has been correctly stated and applied by the Magistrate or Commissioner.
Where it appears that the Magistrate or Commissioner has erred at law or the penalty imposed appears to be inadequate in the circumstances, an appeal against the decision will be considered. This action will only be taken when:
- advice from a legal officer presents a basis for the appeal
- there is a reasonable prospect that the appeal will be successful
- the issue under appeal may set a precedent
Last updated July 21, 2009
Other languages