Sentencing Appeals

Can I appeal my sentence?

You can appeal your sentence if:

1. Mistakes were made during your case and this increased the severity of the punishment; or
2. Your sentence is too harsh in the circumstances

It can be difficult to know exactly whether either scenario applies to your case. That’s where we can help. We can advise whether you have grounds for a sentence appeal. As criminal defence lawyers, we know whether a court has made an error of law – and whether this mistake impacted the severity of your sentence. We also understand what a fit punishment might look like in your case, and whether the judge has imposed a sentence that is outside the appropriate range of penalties.

If you think you should not have been found guilty in the first place, then you might also want to appeal your conviction.

Get early legal advice

You only have 30 days in which to submit a sentence appeal, starting from the date you are sentenced. This means early legal advice is essential, or you may miss your chance to get your sentence varied. We can act quickly, drawing up a robust legal argument and file the paperwork within the deadline.

What happens when I appeal a sentence?

We will submit a Notice of Appeal to the appeal court, along with a written document called a factum. This outlines the legal basis of your appeal and explains why your sentence is unreasonable. There will be some delay while the court gathers the necessary material to review your sentence. A date will then be set for a court hearing.

At the hearing, a higher court will review the decision made by the sentencing judge. Crown Counsel and Defence Counsel will present their argument, although it is not the same thing as your original sentencing hearing. The court will then determine whether your sentence should be varied. If so, your sentence will be reduced to correct for the errors that were made.

Start your sentence appeal today

Have you recently been sentenced by a court? Contact us now at Mickelson & Whysall Law Corporation. We can say whether your sentence is unjust. If so, we will work on your behalf to secure a reduced sentence.