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Conviction Appeals in New South Wales

NCJ Number
235845
Author(s)
Hugh Donnelly; Rowena Johns; Patrizia Poletti
Editor(s)
Pauline Buckland
Date Published
June 2011
Length
340 pages
Annotation
This study from the Judicial Commission of New South Wales examined conviction appeal success rates for matters dealt with on indictment in New South Wales courts for the period January 1, 2001, through December 31, 2007.
Abstract
Major findings for the 5-year period of the study include: 35.5 percent of conviction appeals were successful; the number of conviction appeals decreased from a high of 165 in 2001 to 103 in 2007, and the appeal success rate fell from 48.5 percent in 2001 to 24.3 percent in 2007; and the conviction appeal rate was 43 percent for sexual assault and related offenses, 31.9 percent for illicit drug offenses, 30.4 percent for homicide and related offenses, 35.6 percent for robbery and related offenses, and 34.2 percent for personal injury offenses. This study from the Judicial Commission of New South Wales (NSW) examined conviction appeal success rates for matters dealt with on indictment in NSW courts for the period January 1, 2001, through December 31, 2007. The study calculated the conviction appeal success rates, examined the legislative bases for the conviction appeals, analyzed the grounds of appeal on which the conviction appeals were allowed, determined whether the successful appeals were avoidable or not, examined the factors used by an appellate court to determine the outcome of the appeal, tracked the outcomes of cases where the appellate court ordered retrials, and separately analyzed successful sexual assault conviction appeals and successful conviction appeals for Commonwealth offenses. Tables, figures, appendixes, and bibliography