A person who has been convicted following a trial or has pleaded guilty and been sentenced by a District or Supreme Court Judge has a right of appeal to the Court of Appeal of the Supreme Court [Criminal Procedure Act 1921 (SA) s 157]. These appeals are governed by the Joint Criminal Rules 2022 (SA) Chapter 9 Part 4.
The appeal must be made on one of the following grounds [s 157]:
The Notice of Appeal must be filed with the Court of Appeal within 21 days of the date of the judgment, decision or order being appealed [Joint Criminal Rules 2022 (SA) r 193.1].
The Court of Appeal is usually made up of 3 Judges [r 192.3(a)]. In some matters the Chief Justice or President of the Court of Appeal may determine that the Court of Appeal should be comprised of 2 or 5 Judges, depending on the matter [r 192.3(b) and (c)].
Under rule 192.4, a single Judge may hear applications which are interlocutory or ancillary to an appeal to the Court of Appeal such as [r 201.1]:
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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