Litigation in Australia refers to the resolution of disputes by the court. It is both civil and criminal, with the jury trial being mostly applied in serious criminal cases. The appellate process enables parties to have a review of a judgment if there are legal reasons to contest the judgment.
The Australian legal system is hierarchical in nature, with appeals moving from lower courts to higher courts, such as the Federal Court of Australia and the High Court of Australia.
Reasons for Appealing a Jury Verdict
A jury verdict is generally final, but there are certain legal reasons on which an appeal can be made, such as:
Mistakes in Law – When a trial judge gets the law wrong or misapplies the law, this can form a basis for appeal.
Miscarriage of Justice – When evidence exists to indicate that a miscarriage of justice has occurred, e.g., jury irregularities or unlawful reception of evidence, an appeal is possible.
Insufficient Evidence – An appellate court can reverse a judgment if it believes the jury was unreasonable or not based on the evidence that was brought before the court.
Fresh Evidence – New and significant evidence that became available after the trial could make an appeal viable.
The Function of Appeal Courts in Overturning Jury Verdicts
Australian appeal courts do not re-hear cases as a whole. They only review whether the trial was fair and conducted according to law. The major appellate courts are:
Dismiss the Appeal – If the appeal is without merit, the initial verdict holds.
Order a Retrial – If there were serious legal mistakes, a new trial can be ordered.
Substitute a Verdict – An appellate court, in exceptional situations, can substitute its own verdict if it feels the jury's verdict was unreasonable.
Reduce or Change the Sentence – A sentence can be reduced or changed in criminal cases if it is considered excessive or not appropriate.
Some High-Profile Cases of Overturned Jury Verdicts in Australia
There have been some high-profile cases where Australian appeal courts have overturned jury verdicts on the grounds of errors in law or miscarriage of justice. Some of these high-profile cases are:
Lindy Chamberlain Case (1980s) – Chamberlain was originally found guilty of murder by a jury before being acquitted upon new evidence proving her innocence.
George Pell Case (2018-2020) – Cardinal Pell's conviction for historical child sex abuse was overturned by the High Court due to a lack of evidence.
Andrew Mallard Case (1994-2006) – Mallard was wrongly accused of murder before being cleared after new evidence came to light.
These instances point to the imperative function of appellate courts in securing justice and upholding the sanctity of the judicial system.
Obstacles in Challenging a Jury Verdict
It is not easy to appeal a jury verdict and involves a number of obstacles:
Heavy Burden of Proof – The appellant has to effectively prove that there has been a legal mistake or miscarriage of justice.
Time and Expense – Appeals take a lot of time and money, involving considerable legal skills.
Limited Success Rate – Not all appeals succeed since courts place great emphasis on jury verdicts.
Pursuing Legal Representation for Appeals and Litigation
Should you be planning to appeal a jury verdict, it is essential to seek the advice of professional legal experts. Litigation lawyers with experience are able to determine the feasibility of an appeal, collect relevant evidence, and represent your case convincingly in court.
We specialize in litigation and appeals at New South Lawyers, and we make sure that our clients get the best legal service. Call us today for a consultation on your case.
While jury verdicts form the bedrock of the Australian legal system, they are by no means foolproof. Jury verdicts may be overruled by appeal courts in particular situations, in order to see that justice is served. The process of litigation, grounds of appeal, and appellate courts are all important information for anyone with a legal matter at issue.
