A person who has been convicted by a jury or has pleaded guilty and been sentenced by a District or Supreme Court judge has a right of appeal to the Full Court of the Supreme Court - in this case called the Court of Criminal Appeal [see Criminal Law Consolidation Act 1935 (SA) s 352]. These appeals are governed by the Supreme Court Criminal Rules 2014 (SA) and the Supreme Court Criminal Supplementary Rules 2014 (SA).
The appeal must be made on one of the following grounds:
- against conviction, on any ground that only involves a question of law
- with the permission of the Court, against conviction on any other ground
- with the permission of the Court, against the sentence passed.
The appellant is entitled to be present at the appeal by audio-visual link unless the appeal is based on a question of law only, in which case the permission of the Court must be obtained for an appellant who is in custody to be present [see s 361 Criminal Law Consolidation Act 1935 (SA)].
The Notice of Appeal outlining the grounds of appeal to be relied on, must be filed with the Court of Criminal Appeal within 21 days of the date of the conviction or sentence [see r 107(1) Supreme Court Criminal Rules 2014 (SA)].
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