Supreme Court of New South Wales

Court of Criminal Appeal

cca@justice.nsw.gov.au

About the CCA

The Court of Criminal Appeal is the State's highest court for criminal matters. A person who has been convicted or who pleaded guilty and been sentenced by a Supreme Court or District Court judge, may appeal to the Court of Criminal Appeal. Appeals may also be brought from decisions of the Land and Environment Court in its criminal jurisdiction.

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.

Information alert
Information for legal practitioners

The Practice & Procedure section of the website provides guidance on how the Court expects legal practitioners will conduct an appeal.

Sets out the CCA's functions, powers & jurisdiction
Procedural requirements of the CCA
Recent decisions published on Caselaw NSW

Statistics (as at December 2023*)







2019 2020 2021 2022 2023
Filings (net new cases)  355 457 442 346 326
Appeals against conviction** 101 126 114 116 86
Appeals against sentence 206 289 253 157 146
Appeals against interlocutory judgments 20 24 35 33 31
Bail reviews 13 9 19 12 11
Other Appeals 15 9 21 28 52
Disposals (final disposals)  373 417 416 376 416
Appeals against conviction 100 109 118 105 138
Appeals against sentence 231 266 232 197 191
Appeals against interlocutory judgments 12 28 29 38 22
Bail reviews 15 12 20 18 11
Other Appeals 15 2 17 18 54
Pending cases at 31 December 155 195 221 191 101
Appeals against conviction 61 78 75 87 35
Appeals against sentence 84 108 129 86 46
Appeals against interlocutory judgments 8 4 10 7 14
Bail reviews 2 2 2 3 0
Other Appeals 0 3 5 8 6

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


History

The CCA was set up in 1912.

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.  

Information alert
Attorney General William Holman

As a young man William Holman was unjustly imprisoned for two years following the liquidation of a unionist newspaper he was involved with. As a result of his experience, he studied law and was admitted to the Bar in 1903. When he became attorney general he pioneered the Criminal Appeal Act. Mason & Reid, Constant Guardian: Changing TimesThe Supreme Court of New South Wales 1824-2024 (Judicial Commission of NSW, Sydney, 2024), pp.32-33.

 

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