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If you lose your appeal
If you lose your appeal against sentence, you can consider appealing to the high court. The high court very rarely listens to appeals against sentence. Generally speaking, an appeal against sentence to the Court of Appeal is your last forum for appealing. If you lose your conviction appeal you may possibly have some prospect in the high court if you can show you have a point of law of general importance in Australian law.
Important points to remember
- Write your 'Notice of appeal' (See Form 26);
- File the 'Notice';
- If you have filed it too late, also write your 'Notice of application for leave to appeal' (See Form 28 );
- Wait to receive the appeal record book;
- Write your 'Submission of arguments' based on your grounds of appeal;
- Send your 'Submission of arguments' to the Court of Appeal Registry;
- Receive the Crown's (prosecutor's) submission of arguments to understand their case;
- Receive a court date from the registry; and
- Attend the court on the date set for the hearing - the judgment will either be handed down that day, or it will be reserved and you will be notified of the date it will be handed down.