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Appeals

Any sentence that is imposed by a court can be subject to appeal. Appeals can also be made against conviction.

If the prosecution or the defence is dissatisfied with a sentence or another aspect of the trial, they have the right to have a higher court examine the case.

Appeals can be applied for on the grounds that the sentence imposed has been either too light or too harsh. The appeal court then has the responsibility to decide whether the original sentence was outside the range of permissible sentences in the given circumstances. It does this by considering

• the maximum sentence available to the original sentencing judge
• other sentences in similar cases
• the seriousness of the offence
• the personal circumstances of the offender.

An appeal against sentence is not a retrial and the evidence is not re-examined, meaning that the guilt or innocence of the accused is not reconsidered.