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Criminal Procedure Act 2011

Appeals - Appeals against conviction - First appeals

232: First appeal court to determine appeal

You could also call this:

"The first appeal court decides if a decision was wrong and if you should win your appeal."

Illustration for Criminal Procedure Act 2011

When you appeal a court decision, the first appeal court looks at your case. The court must follow the rules in this section to decide your appeal. You win your appeal if the court thinks the original decision was wrong.

The court thinks the original decision was wrong if the jury's decision was unreasonable, or if the Judge made a big mistake. The court also thinks the original decision was wrong if something went wrong during the trial, and this affected the outcome. This is called a miscarriage of justice, which means something happened that was not fair.

If none of these things happened, the court dismisses your appeal. A miscarriage of justice can happen if something went wrong during the trial, and this might have changed the result. It can also happen if the trial was not fair, or if it was so wrong it did not count as a real trial.

When the court talks about a trial, it includes a case where you pleaded guilty. You can read more about similar laws in the Criminal Justice Act 1986 and the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360400.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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231: How to commence first appeal, or

"Starting Your First Appeal: Filing a Notice in Court"

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233: Orders, etc, on successful first appeal, or

"What happens if you win your first appeal in court"

Part 6Appeals
Appeals against conviction: First appeals

232First appeal court to determine appeal

  1. A first appeal court must determine a first appeal under this subpart in accordance with this section.

  2. The first appeal court must allow a first appeal under this subpart if satisfied that,—

  3. in the case of a jury trial, having regard to the evidence, the jury's verdict was unreasonable; or
    1. in the case of a Judge-alone trial, the Judge erred in his or her assessment of the evidence to such an extent that a miscarriage of justice has occurred; or
      1. in any case, a miscarriage of justice has occurred for any reason.

        1. The first appeal court must dismiss a first appeal under this subpart in any other case.

        2. In subsection (2), miscarriage of justice means any error, irregularity, or occurrence in or in relation to or affecting the trial that—

        3. has created a real risk that the outcome of the trial was affected; or
          1. has resulted in an unfair trial or a trial that was a nullity.

            1. In subsection (4), trial includes a proceeding in which the appellant pleaded guilty.

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