Criminal appeals are governed by Division 3 of Part III of the Act, which applies to and in relation to criminal proceedings. Several of its provisions differ from the civil regime, and the differences matter.
Section 22
A person convicted by the National Court may appeal to the Supreme Court —
(a) against his conviction, on any ground that involves a question of law alone;
(b) against his conviction, on a question of mixed fact and law;
(c) with the leave of the Supreme Court, or on the certificate of the National Court that it is a fit case for appeal, against his conviction on any ground (i) that involves a question of fact alone, or (ii) that appears to the Supreme Court to be a sufficient ground of appeal;
(d) with the leave of the Supreme Court, against the sentence passed on his conviction, unless the sentence is one fixed by law.
The certificate of the National Court. Paragraph (c) offers an alternative to leave: a certificate from the trial court that it is a fit case for appeal. Ask for it when convicted, where the ground is one of fact.
Paragraph (c)(ii). A ground that appears to the Supreme Court to be a sufficient ground of appeal is a residual category with no civil equivalent, and it is not limited to questions of fact.
Section 29
(1) Where a person convicted desires to appeal or to obtain leave to appeal, he shall give notice of appeal, or notice of his application for leave to appeal, in the manner prescribed by the Rules of Court within 40 days after the date of conviction.
(2) The time may be extended at any time by the Supreme Court on application made within 40 days after the date of conviction.
(3) In the case of a conviction involving a sentence of death or of corporal punishment, the sentence shall not be carried out until after the expiration of 40 days, or such further time as is allowed; and if notice is given, not until after the determination of the appeal, or the final refusal of an application for leave.
Section 29(1) says within 40 days after the date of conviction. That is earlier than the date of sentence in most matters, and an appellant who counts from sentence may be out of time on the conviction appeal.
And as in civil appeals, the extension must be applied for within the 40 days. See the criminal time limit.
The mechanics
Upon filing the notice of appeal, the appellant for the purposes of ss 17 and 29 of the Act shall be deemed to have given notice of appeal in the prescribed manner. — Supreme Court Rules 2012.
So filing satisfies section 29, as it satisfies section 17. Serve afterwards under Rule 13 — on each party affected or interested, and upon the associate to the primary judge.
The notice is in Form 8, and must comply with Order 7 Rules 9 and 10: the basis on which the appeal lies, whether the whole or part is appealed, the grounds briefly but specifically, the judgment sought in lieu, signature, and filing in the registry.
Section 32
(1) The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal, or notices of application for leave to appeal, in criminal proceedings to any person who asks for them, officers of courts, officers in charge of correctional institutions, rural lock-ups and police lock-ups, and such other persons as he thinks fit.
(2) The officer in charge shall cause those forms and instructions to be placed at the disposal of detainees desiring to appeal, and any such notice given by a detainee in his custody to be forwarded on behalf of the detainee to the Registrar.
Order 7 Rule 62: where a person appeals or applies for leave to seek review in any criminal proceedings, the Duty Judge shall in each case inquire as to whether the appellant or applicant has a lawyer. If not, the Duty Judge shall direct the Registrar to notify the Office of the Public Solicitor that at the next mention a senior lawyer from the Office of the Public Solicitor is required to appear and say whether legal aid will be provided. The Duty Judge shall also consider whether to give a direction to the Public Solicitor under section 177(2)(b) of the Constitution.
What else is different
No security for costs. Section 5(1)(c) and (d) apply only to proceedings other than criminal proceedings.
No costs on discontinuance. Order 7 Rule 22 excludes criminal appeals.
No costs on determination. Section 31(1): on the hearing and determination of an appeal, no costs shall be allowed to either side.
A right to be present. Section 9: except with the appellant’s consent, the hearing shall not take place in the absence in custody of the appellant unless he so conducts himself as to render continuance in his presence impracticable and the Court orders his removal. See attending your appeal.
Sources
- Supreme Court Act (Chapter 37) — ss 5, 9, 20, 22, 23, 29, 31, 32
- Supreme Court Rules 2012 — O 7 rr 9–13, 22, 62; Form 8
- Constitution of the Independent State of Papua New Guinea — s 177(2)(b)
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.