what is the power to rectify mistakes
mags have the power to vary a sentence or set aside a conviction if it is the interests of justice to do so
if d feels that mags reached the wrong decision, what are the 3 options to appeal
appeal to CC by rehearing, appeal to HC by case stated and apply to HC for JR
when must notice of appeal to CC be lodged
within 15 business days of sentence
what must the notice of appeal specify
what they wish to appeal, summarise issues, state whether mags had been asked to reconsider, list parties on whom the appel notice has been served
what can the CC do on appeal
can confirm, reverse or vary the decision appealed against or any part of it, remit the matter with its opinion to the mags make any other order it thinks is just
what is appeal by way of case stated
appeal on the basis that the decision made was wrong in law or in excess of jurisdiction
who can appela by way of case stated and when does it need to be submitted
pros/def can submit, and deadline is 21 days from date of decision sought to be appealed
what are the prinicpal grounds for JR to be considered
error of law on the face of the records, excess of jurisdiction and breach of natural justice,
who can appela by JR and when does it need to be submitted
pros and defence can submit, must be lodged promprly and wihtin 3 months after grounds arose
what is the slip rule- CC
power for judge to vary/rescind a sentence within 56 days of it being made
when will CoA hear cases from CC
appeals against conviction on indictment, appeals against sentence passed following conviction on indictment and appeals against sentence passed on committal for sentence
when must CC appeals to CoA be lodged
within 28 days of sentence or conviction- can be extended
what is the test on CC appeals
if they think conviction is unsafe or if d shouldve been sentenced differently
what can CoA do if allow appeal
quash conviction, appellant retire, substitute with alternative office, amend sentence
