Criminology Research Council grant ; (28/87)
The report of this research project is entitled and published by the Bureau of Crime Statistics and Research. This study examined and assessed the characteristics and outcomes of appeals lodged by defendants against convictions recorded and sentences imposed in NSW Local Courts during 1987. (As of November 1988, the legal situation changed allowing the prosecution to lodge an appeal against the sentence to the District Court.)
There are two types of appeal: an appeal may be lodged against the severity of the sentence alone, or an appeal may be lodged against both the conviction and the severity of the sentence. The second type of appeal, the 'all grounds' appeal, proceeds by way of hearing 'de novo' (i.e. the complete rehearing of the case), and in these cases the judge hearing the appeal is permitted to read the depositions taken in the Local Court hearing only with the consent of the appellant. This situation, and the difficulties it creates, has been the source of recurring legal concern.
From the analysis of information obtained from the computerised case tracking system maintained with the Attorney-General's Department and the Criminal Registry's file papers relating to 5,137 appeals finalised in 1987, the study reports a 17 per cent increase in the number of Local Court cases between 1986 and 1987, and a 32 per cent increase in the number of appeals (uniformly spread across types of appeal). Overall, there was approximately one appeal against conviction and/or sentence for every 30 cases dealt with in the Local Courts. Appeals were more likely to be lodged by those defendants receiving a prison sentence, with appeals against severity of sentence representing almost two-thirds of all appeals. All grounds appeals constituted only slightly more than one-third of all appeals.
More detailed examination of a sample of 685 cases revealed that while 25 per cent of appeals lodged were eventually abandoned or withdrawn, there was a success rate of 75 per cent for determined appeals. Of those appeals which were determined, the conviction was quashed in 40 per cent of all grounds appeals, and in 73 per cent of appeals against severity the penalty was decreased. Defendants were legally represented in 85 per cent of determined appeals but this did not bear upon the success of appeals heard. However, in only half the cases of withdrawn appeals did the defendant have legal representation.
Drink drive offences and serious driving offences figured in over 50 per cent of all appeals, an over-representation in relation to Local Court cases.
A notable difference exists in the time taken to finalise all grounds appeals and appeals against severity. Half the appeals against severity were finalised within three months of the Local Court hearing, whereas it took nine months for half of the all grounds appeals to be finalised. In fact, most cases which were prolonged involved the non-appearance of the appellant at some stage during the proceedings. Finally, legal representation did not appear to affect the length of proceedings in appeals against severity of sentence or all grounds appeals.