A person found guilty following a trial may appeal against that conviction.

An appeal is not a re-hearing of the case. The appeal is decided on issues arising from the transcript of the evidence at the trial. In exceptional circumstances the appellant may be allowed to present fresh evidence to the Court. This should be placed before the Court in the form of affidavits from witnesses saying what they would say if called in a new trial.

The appellant must convince the Court of one of the following:

The Court has wide powers to deal with an appeal. It may allow the appeal against conviction, quash the conviction and either substitute a verdict of acquittal or order a re-trial [Criminal Procedure Act 1921 (SA) s 158].

However, even if the Court finds in favour of the appellant on some point of law, it may still dismiss the appeal if it finds that no substantial miscarriage of justice has occurred [Criminal Procedure Act 1921 (SA) s 158(2)].

The Court may also allow an appeal by the Director of Public Prosecutions against acquittal, to quash the acquittal and order a re-trial [see s 158(4)], or an appeal against an interlocutory judgment with the permission of the Court of Appeal [Criminal Procedure Act 1921 (SA) s 157].

Second or subsequent appeals

A person found guilty following a trial may file a second or subsequent appeal against conviction with the permission of the Court of Appeal. To obtain permission, the person must satisfy the Court that there is fresh and compelling evidence that, in the interests of justice, should be considered on an appeal. The Court may allow a second or subsequent appeal if it thinks that there was a substantial miscarriage of justice, quash the conviction and either substitute a verdict of acquittal or order a re-trial [Criminal Procedure Act 1921 (SA) s 159].