Courts Tasmania

Appeals

Appeals may be made against sentences delivered in both the Supreme Court and the Magistrates Court.

Lower Court Appeals

Appeals against a Magistrate's sentence are called Lower Court Appeals and are heard before a single judge in the course of a normal sitting of the Supreme Court.

Section 107 of the Justices Act 1959 allows a person aggrieved by an order of a magistrate to move that the Supreme Court review the order on the grounds of error or mistake by the justice on a matter or question of fact or of law, or of both fact and law. An appeal may also be made on the grounds that the justice had no jurisdiction to make the relevant order.

Court of Criminal Appeal

Appeals against a sentence delivered by a single judge of the Supreme Court are heard in the Court of Criminal Appeal.

The Criminal Code Act 1924 established the Court of Criminal Appeal and gave convicted persons and the Crown the right to apply for leave to appeal against sentences. The relevant conditions are set out in section 401 of the Code.