NCJ Number
176286
Date Published
1998
Length
6 pages
Annotation
This is an analysis of New South Wales sentencing statistics.
Abstract
The right of appeal is a fundamental part of the common law system, yet for many years a comprehensive scheme of appeals for indictable matters was absent from the criminal law of England and Australia. A general statutory jurisdiction of appeal in such matters was only introduced at the beginning of the 20th century, part of a general reform in criminal law. In New South Wales, the introduction occurred in 1912 with passage of the Criminal Appeal Act and creation of a Court of Criminal Appeal (CCA). The article examines trends in appeals to this court by convicted persons and by the Crown since the commencement of the Sentencing Act 1989. The article discusses the jurisdiction and discretion of the CCA; the Judicial Commission's database; and appeal cases 1990-1996. The introduction of a CCA by statute allows convicted persons to appeal in respect to both conviction and sentence and allows the Crown to appeal in respect to sentence. Since 1990, both types of appeal have been gradually increasing. In general, Crown appeals are more likely to succeed, probably because of the Director of Public Prosecutions' restrictive policy regarding appeals. Notes, figures