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Criminal Procedure Act 2011

Appeals - Appeals against sentence - Further appeals

259: Further appeal from determination of Court of Appeal

You could also call this:

"Appealing to the Supreme Court if you think the Court of Appeal made a legal mistake"

Illustration for Criminal Procedure Act 2011

If you are a party to a second appeal that the Court of Appeal has made a decision on, you can appeal to the Supreme Court with their permission. You can only appeal on a question of law, which means you think the Court of Appeal made a mistake in how they applied the law. The Supreme Court will allow your appeal if they think the Court of Appeal's decision was wrong in law, or if there was an error in the sentence you were given, and a different sentence should be given.

The Supreme Court will look at your appeal and decide what to do. If they are not satisfied that the Court of Appeal's decision was wrong, they will dismiss your appeal. When you appeal to the Supreme Court, some other rules apply, like how to start the appeal, which is explained in section 255, and what happens if your appeal is successful, which is explained in section 257.

You should follow these rules when appealing to the Supreme Court. The Supreme Court's decision will depend on the details of your case. They will consider all the information and make a decision based on the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360435.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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258: High Court's determination of second appeal final, or

"The High Court's decision on a second appeal is final and cannot be changed."

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260: Right of appeal against finding of or sentence for contempt of court, or

"You can appeal if a court finds you guilty of disrespecting the court or gives you a sentence you think is unfair."

Part 6Appeals
Appeals against sentence: Further appeals

259Further appeal from determination of Court of Appeal

  1. A party to a second appeal determined under this subpart by the Court of Appeal may, with the leave of the Supreme Court, appeal under this subpart to the Supreme Court against the determination.

  2. The appeal may be brought only on a question of law.

  3. The Supreme Court must allow the appeal if satisfied that—

  4. the determination appealed against is wrong in law; and
    1. for any reason, there is an error in the sentence imposed on conviction; and
      1. a different sentence should be imposed.

        1. In any other case, the Supreme Court must dismiss the appeal.

        2. The following provisions apply with the necessary modifications:

        3. section 255 (how to commence appeal):
          1. section 257 (orders, etc, on successful appeal).

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