Court of Appeal

Appeals Against Conviction and/or Sentence

A person may appeal against conviction on the following grounds:

  • On a question of law (no leave required)
  • Question of fact alone (with leave of the court).
  • Question of mixed law and fact (with leave of the court)
  • Any other sufficient ground (with leave of the court)

An appeal may be allowed on the following grounds:

  • Unsafe or unsatisfactory verdict
  • Wrong decision on a question of law
  •  Material (procedural) irregularity in course of trial

The ‘proviso’ is that the appeal may be dismissed if no miscarriage of justice has actually occurred.
If the appeal is allowed, the Court of Appeal can quash the conviction and enter an acquittal; or a new trial (if it is in interests of justice to do so).

A person may (with permission of the court) appeal against sentence (unless the sentence is fixed by law). The Court may pass a different sentence (whether more or less severe) or dismiss the appeal.

It is wrong to adjust a sentence by a very small amount and an appellate court should not interfere unless the sentence was:

  • Unjustified in law (no jurisdiction to pass it).
  • Based on factual error.
  • Based on matters improperly taken into account.
  • Manifestly excessive or wrong in principle.

A person must appeal within 14 days from the date of sentence.
Where a defendant appealing a decision of the Grand Court exercising its appellate jurisdiction over the Summary Court, the appeal can only be on a point of law or against sentence, but not upon any question of fact.

DPP Appeal Against Acquittals and Unduly Lenient Sentences

The prosecution may appeal against a decision of the Grand Court to acquit or discharge (this includes its jurisdiction over appeals from the Summary Court). An appeal will be allowed if the discharge or acquittal was a wrong decision of law.

The prosecution may appeal a sentence which is unduly lenient or wrong in law within 14 days from the day of sentence. The Court may pass such sentence deemed appropriate (that Court below had power to pass).