Court of Criminal Appeal

The judges hearing any particular case are selected from the Chief Justice, the President of the Court of Appeal, the judges of appeal, the Chief Judge and other nominated judges of the Common Law Division.

Appeals are generally heard by three judges, although five judges may sit when significant legal issues need to be considered. If the judges do not agree, the majority view prevails. There are a number of grounds for appeal, including a challenge to a conviction involving a question of law. The Court of Criminal Appeal may also grant leave to appeal in matters involving questions of fact or mixed questions of fact and law. It may also grant leave to appeal in cases where the severity or adequacy of the sentence is challenged.

* Excludes appeals from decisions of the NSW State Parole Authority  ** Includes Crown appeals

The criminal justice system in New South Wales was harsh and had long mandated capital punishment for a wide range of offences, from murder and bushranging to stealing sheep. Regrettably, juries sometimes made mistakes and appeals on the facts were rarely granted.

By the late nineteenth century, reform was underway in England with the Criminal Appeal Act of 1907. Five years later New South Wales established the Court of Criminal Appeal. Convicted persons could ask for an appeal (‘seek leave’) on questions of fact or against the severity of their sentences. The Court could also order a new trial if it rejected (‘quashed’) an erroneous conviction. Appeals are generally heard by three judges, although five may sit when significant legal issues need to be considered.