You have the right or the leave of court to appeal
The appeal involves a rehearing of the original case on the material and evidence that were before the Magistrate. The Judge may allow further evidence to be filed, but only in exceptional circumstances and with the leave of the Court. It is necessary for the appellant to show some error by the Magistrate. However, once an error is established, the Judge can make any order that the Magistrate could have made.
What things do you need to prove the Court
You must prove that:
1. You have the right or the leave of court to appeal
First and foremost, you have to cite the specific provision of law that guarantees you the right to appeal. If you have appealed by leave of court, then you must prove that you asked the court below for permission to appeal and you must present the order of the court granting you permission to appeal. Without this, the Court will not consider your appeal.
2. Your appeal was timely made
Secondly, you have to show that your appeal was made within the period given to you to appeal the verdict or sentence. Generally, you have thirty days from the notice of the verdict or sentence to appeal. If your appeal is filed beyond this period of thirty days, your right or leave to appeal has expired. Your appeal will no longer be considered. There are exceptions, of course, but again, you must prove that the failure to promptly appeal was for some exceptional circumstance.
3. You must be an aggrieved party
The right or leave to appeal is personal to the accused or the person aggrieved by the sentence or verdict. For instance, if you are a mother of a child with a debilitating disease and you were convicted of a drink driving offence your child’s health and well-being may be severely affected if you are sentenced to serve time in prison. Your child cannot appeal the verdict or sentence in your behalf, though. You, the accused, are the aggrieved party as it is your liberty that is jeopardized by the adverse verdict or sentence.
4. The court below has erred on the facts or on the law
An appeal is not a means to delay the inevitable. Courts have a lot of cases to attend to and it will not entertain dilatory or frivolous appeals. You need to prove that the court below has erred on a point of law or in appreciating the facts in your case. Your appeal brief must recite an assignment of errors and enumerate the ways in which the court made a mistake in its verdict or sentence.
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Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.