CRIMINAL LITIGATION WEEK 19 (APPEALS 2)
WEEK 19
APPEALS 2
:: GROUND OF APPEAL: (rearrange) may be that – Trial court lacked or exceeded jurisdiction, – decision was obtained by fraud; – double Jeopardy; -Wrongful admission/rejection of evidence and no sufficient evidence to sustain conviction; – decision is erroneous in point of law; illegalities not earlier mentioned were committed in the course of trial; – sentence passed on conviction were excessive or inadequate (unless it is one fixed my law)
:: ADDITIONAL GROUNDS OF APPEAL AND ADDITIONAL EVIDENCE ON APPEAL: in his ground of appeal, appellant should give sufficient particulars. Note also that his argument should be restricted to grounds of appeal filed. Additional Grounds can be argued with leave of court-Esoh v COP.
:: CONSTITUTION OF COURT AND PROCEDURE: Refer to discussion above.
:: ORDERS THE COURT MAY MAKE AFTER HEARING AN APPEAL.
– Order a retrial: (where there has been an error in law or irregularity which has occasioned a miscarriage of justice; – where from the evidence, there exists a substantial case against the appellant; – where ordering a retrial would not be oppressive; where refusal would occasion greater miscarriage of justice; – Probable duration and expense of the new trial; – seriousness of the prevailing offence; – Lapse of time since the commission of the offence and its effect on the quality of evidence-Okere v The State.
:: BAIL PENDING APPEAL: Refer to earlier discussion.
: Cross-Appeal: is an independent appeal by the responded against the judgment of the lower court. To be determined on its merit together with appellant’s.
: Respondent’s Notice: means that the respondent is asking for the decision of the court below to be varied either in part or in whole or that the judgment be affirmed on grounds other than those relied in the court below.
:: ABANDONMENT OF APPEAL: where appellant expressly or impliedly does not wish to continue with the appeal.
:: ABATEMENT OF APPEAL: where appellant dies before appeal is concluded. It abates and does not continue except it is an appeal against a fine. 24 MCLL2004.
:: DRAFT NOTICE AND GROUNDS OF APPEAL
:: PREPARE AND ARGUE AN APPLICATION FOR BAIL PENDING APPEAL
:: PREPARE BRIEFS OF ARGUMENT.
