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| 本帖最后由 SAland 于 2017-10-19 21:50 编辑 
 http://www.hobartlegal.org.au/ta ... s-magistrates-court
 
 
 A defendant can appeal against conviction on either an error of fact (for example, that the evidence was wrongly interpreted) or on a question of law (for example, that the evidence could not legally justify conviction). Success may result in either the quashing of a conviction, or an order that the matter be re-heard properly by another magistrate. If the defendant does not wish to deny that they were properly convicted of the offence, but feel that the sentence given was too harsh, they can appeal against severity only. In this case, the hearing will be restricted to evidence and submissions which affect the sentence. If the defendant is in doubt about whether they should appeal against their conviction, or against the severity of their sentence only, they should get legal advice.
 
 There are two drawbacks to appeals.
 
 * Persons appealing may be ordered to pay some costs if they lose their appeal. If the person appealing is concerned about that possibility, they should consult a lawyer.
 
 *A supreme court judge has the power to increase the sentence when hearing the appeal. They cannot give a longer sentence than the magistrate could have given under the particular Act, but they can give a sentence longer than the magistrate actually imposed.
 
 虽然同情和支持LZ,但上诉难度估计会很大,因为警察的表面证词你挑不出刺,而法官也有权采信警察的证词,除非你能明确挑出警察证词的前后逻辑矛盾。
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