NCJ Number
122026
Date Published
1989
Length
33 pages
Annotation
This study was designed to use information from both a computerized case tracking system and file papers to evaluate local court appeals in New South Wales, Australia.
Abstract
In 1987, 5,137 appeals from local courts in New South Wales were finalized in the District Court. About one-third of these were grounds appeals, and another one-fourth were appeals against severity appeals for drunk driving offenses. An analysis of a random sample of 685 appeals showed that certain local court case characteristics made an appeal more likely. Defendants who were given a prison sentence as part of the penalty were more likely to appeal. In 43 percent of all grounds appeals, convictions were not upheld; in 34 percent of these appeals, the penalty was decreased. In 73 percent of appeals against severity, the penalty was decreased; in 24 percent of these appeals, the penalty remained the same or was increased. While about 85 percent of appellants were legally represented, the success rate was not significantly different in appeals with legal representation and those without such representation. For almost two-thirds of the appellants with a prison sentence from the local court, the prison sentence was changed to another penalty or convictions were not upheld. In most appeals, the resulting penalty was less severe than the local court penalty. The time period for completing grounds appeals was substantially longer than that for severity appeals. 23 tables, 2 references.