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Unit 3: The Appellate Brief (Criminal Appeals and Revisions)
3.1 The Appeal’s Place in the Chain
A convicted party may appeal. The prosecution may appeal against acquittal where the law permits. The first appeal lies to the High Court (Article 144’s appellate jurisdiction under law). Further appeal to the Supreme Court lies under its appellate jurisdiction (Article 133(4)), mainly where a substantial question of law is involved. The appeal is not a second trial. It is a challenge to the lower decision’s legality, evidence-appreciation, or sentence’s propriety.
3.2 Grounds of Appeal (the Menu)
- Erroneous finding — the evidence does not support the conviction.
- Misdirection in law — the wrong legal test applied.
- Procedural illegality — rights under Article 20 ignored; fair-hearing denial.
- Sentence’s excess — conviction sustainable, punishment disproportionate.
- Acquittal’s challenge (prosecution) — perverse acquittal ignoring unimpeached evidence.
3.3 The Appellate Brief’s Structure
| Part | Content | Discipline |
|---|---|---|
| Cover | Court, parties, appeal number | Match the registry’s format |
| Table of contents | With paragraph numbers | One page |
| Statement of jurisdiction |
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