Appeals
Specialist Criminal Appeals Lawyer
A criminal conviction or sentence does not have to be the end of the road. If you believe you have been wrongfully convicted or received an excessive sentence, an appeal may provide the opportunity to correct a miscarriage of justice. A strong appeal requires a meticulous review of trial proceedings, legal arguments, and evidence to identify errors that may have impacted the outcome.
Steven Lack is a highly experienced appellate barrister with a proven track record in successfully challenging convictions and sentences before the Court of Appeal and Supreme Court of New Zealand. He is recognised for his comprehensive case analysis, compelling written submissions, and skilled oral advocacy in complex appeal matters.
Why Choose Steven Lack for Your Appeal?
Thorough Case Review: Conducts a meticulous analysis of trial records, legal errors, and procedural mistakes to identify strong grounds of appeal.
Expert Written & Oral Advocacy: Skilled in drafting persuasive legal arguments and delivering compelling oral submissions before appellate courts.
Challenging Unsafe Convictions: Identifies misapplications of law, improper evidentiary rulings, and unfair trial procedures that may warrant an appeal.
Sentence Appeals: Advocates for reductions in excessive sentences, demonstrating errors in sentencing principles or mitigating factors that were overlooked.
Fresh Evidence Applications: Where new, significant evidence emerges post-trial, seeks to have it admitted in appeal proceedings.
Strategic Approach to Appeals: Provides frank and realistic advice about the likelihood of success and the best approach to take.
Grounds for Criminal Appeals
Successful appeals are often based on legal or procedural errors that impacted the trial outcome. Common grounds for appeal include:
Errors in Law: Incorrect application of legal principles by the trial judge.
Unfair Trial: A trial process that disadvantaged the accused, including improper jury directions or inadmissible evidence being used.
Fresh Evidence: New evidence that was not available at trial but could significantly alter the verdict.
Ineffective Representation: Where previous legal counsel failed to properly present the case or made critical errors.
Excessive Sentencing: If a sentence imposed is disproportionate or does not align with legal guidelines.
Each appeal is unique and requires an individualised approach tailored to the specific issues of the case.
Notable Appeal Experience
M v R
Successfully overturned a manslaughter conviction in the Court of Appeal by demonstrating that the accused’s police statements were unreliable and improperly admitted as evidence at trial. Recently, the statements were ruled inadmissible in the High Court and the charge of manslaughter was dismissed.
L v R
Successful appeal of an admissibility ruling made in a large-scale drug importation case being heard in the High Court. The authorities had conducted an evidential video interview with the client which had breached his fundamental right to silence and assistance by a lawyer. The Court of Appeal agreed that the client’s rights had been breached and excluded the statement from being admitted into evidence at trial.
R v H
Successful opposition to a Solicitor General’s appeal which sought to overturn a finite sentence which was imposed in relation to a murder conviction. The Court of Appeal dismissed the appeal and upheld the finite sentence rather than imposing a sentence of life imprisonment.
Understanding the Appeals Process
If considering an appeal, it is crucial to act quickly, as strict time limits apply. The process generally includes:
Case Assessment: A comprehensive review of the trial record and legal grounds for appeal.
Filing an Appeal: Preparing and lodging the required appeal documents with the appropriate appellate court.
Written Submissions: Drafting persuasive legal arguments that set out the errors that justify overturning the conviction or sentence.
Oral Hearing: Presenting arguments before the appellate court, responding to judicial questions, and advocating for a favourable outcome.
Judgment: The appellate court delivers its decision, which may involve quashing a conviction, ordering a retrial, or modifying the sentence.
Secure a Strong Advocate for Your Appeal
If you or a loved one has been wrongfully convicted or received an unfair sentence, seeking expert appellate representation is critical. Steven Lack has the expertise, advocacy skills, and strategic insight to provide the strongest possible challenge to a conviction or sentence. Contact Steven today for an initial consultation.