De Novo appeals in Canberra courts up for discussion

Share Canberra's trusted news:

coat of arms

SIMON Corbell says a discussion paper on a potential new sentence appeal process that improves access to justice has been released for public consultation.

“The paper proposes a “de novo” scheme, where a defendant has a right to appeal their sentence from the ACT Magistrates Court to the ACT Supreme Court without having to specify an error in the original sentence,” Simon said.

“It follows a recommendation from the Inquiry into Sentencing Report released earlier this year, that the ACT adopt de novo appeals against sentence to reflect the system in NSW.

“De novo appeals refer to the appeal of a criminal matter anew.

“A matter heard de novo is heard over again from the beginning – the appeal court ‘stands in the shoes’ of the original decision-maker and makes the decision again.

“The adoption of de novo appeals against sentence would be a significant departure from the current system of appeals in the ACT.”

Simon said stakeholders and the community would have six weeks to comment on legal and practical issues they believed may arise from the proposal.

“The primary objective of changes to the appeal process should be a balance between the need for timely resolution of criminal appeal matters and the need to provide a fair opportunity for appeal,” Mr Corbell said.

To view the discussion paper visit www.justice.act.gov.au.

Who Can You Trust?

In a world beleaguered by spin and confused messages, there's never been more need for diverse, trustworthy, independent journalism in Canberra.

Who can you trust? Well, for more than 25 years, "CityNews" has proudly been an independent, free, family-owned news magazine, serving the national capital with quality, integrity and authority. Through our weekly magazine and daily through our digital platforms, we constantly and reliably deliver high-quality and diverse opinion, news, arts, socials and lifestyle columns.

If you trust our work online and believe in the power of independent voices, I encourage you to make a small contribution.

Every dollar of support will be invested back into our journalism so we can continue to provide a valuably different view of what's happening around you and keep citynews.com.au free.

Click here to make your donation and you will be supporting the future of journalism and media diversity in the ACT.

Thank you,

Ian Meikle, editor

Previous articleSigns of spring 2015
Next articleA network to help school physical education

Leave a Reply