Filing An Appeal

APPEALS

• After the judge or magistrate has pronounced judgment, either the accused or the prosecution may, within 14 days appeal to a higher court.
• Prosecution’s Appeal
  1. The prosecution may appeal against your acquittal.
  2. An appeal against conviction means that you were found not guilty. The prosecution will attempt to convince the higher court that you should have been found guilty.
  3. In an appeal against sentence, the prosecution will attempt to convince the higher court that you should have received a harsher sentence. Family background, educational qualification, medical history, employment history and relevant factors which gave rise to the offence.
• Accused’s Appeal
  1. The accused may appeal against conviction and/or sentence.
  2. In an appeal against conviction, the accused must convince the higher court why the lower court ought not to have found the accused guilty.
  3. In an appeal against sentence, the accused will have to satisfy the higher court that the sentence was too harsh and that it ought to be reduced.
  4. If the accused pleaded guilty, he does not have the right to appeal his conviction but may still appeal against his sentence.
• Stay of Execution
  1. After sentence is passed, the accused may ask the court to grant a “stay of execution”.  This is essentially a request to postpone the sentence until the appeal is heard and decided.
  2. If the accused decides to appeal, he must make an application to the court which passed the sentence for a stay of execution.
  3. The filing of an appeal will not automatically operate as a “stay of execution”. Therefore, unless the accused applies for a stay of execution, he will still have to serve his sentence while his appeal is pending. The only exception is whipping. An appeal will automatically stay a sentence of whipping.