James lives on a farm. One day his wife was critically ill and he ran to town to call a doctor. On the way he ran across another farm owned by Philip because it was the quickest possible route to the nearest town. Philip caught him and asked him what he was doing on his land. Even after James explained, Philip called the police and told them James was trespassing on his farm. James was arrested and charged with trespass. He appeared before the criminal court and the magistrate found him guilty. He was sentenced to 6 months in prison. He wants to appeal against this decision.

What Does the Law Say?

James says his wife was critically ill so he took the shortest possible route to town. He said he did not mean to trespass and did not do any damage to the property.

He wants to appeal against the decision of the magistrate.

The law says you can appeal to a higher court if you think that the trial court (in this case the Magistrate’s Court) made a mistake in interpreting the facts of the case or didn’t apply the law correctly.

(See: Trials, appeals and reviews)

What Can He Do?

James must get an attorney to help him with his appeal against the magistrate’s judgment. The attorney must draw up legal documents for an appeal. James can go to the legal aid office to apply for legal aid to pay for the attorney.(See: Applying for legal aid)