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.
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
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.
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 Times - The Supreme Court of New South Wales 1824-2024 (Judicial Commission of NSW, Sydney, 2024), pp.32-33.
Last updated: