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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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What is the difference between appealing the conviction and

Customer Question

What is the difference between appealing the conviction and the sentence? And what could be the outcomes from either or both?
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

There are twp parts to a criminal charge. First you must be found guilty and then the judge enters a conviction on the charge. Once this is done you are sentenced for the charge. You can appeal either or both. If you appeal just the conviction, then the judge on appeal may either set aside the conviction, or uphold the conviction. If you appeal the sntence then the judge can vary the sentence and either reduce, or sometimes increase the sentence. People often appeal both, so even if the conviction appeal fails, they still ask for a lighter sentence. Sometimes however the sentence may be increased

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