What grounds can a defendant appeal against their sentence?

Prepare for the HSC Legal Studies Exam. Study with flashcards and multiple choice questions, each question includes explanations and hints. Elevate your readiness for the exam!

A defendant can appeal against their sentence primarily on the grounds of an error of law or if the sentence is considered too severe. An error of law refers to a mistake made by the judge or legal system that impacts the decision or outcome of the case. This can encompass situations where legal principles were misapplied or misinterpreted during the trial process.

If a defendant believes that the sentence imposed is disproportionately harsh given the circumstances of the case—such as the nature of the offense, background of the defendant, and any mitigating factors—this can also serve as a valid basis for appeal. Sentencing is meant to reflect both justice for the crime and fairness for the offender, and thus if a sentence is viewed as excessive, it can be challenged.

Options that involve feelings of unfair treatment or new evidence do not directly pertain to the grounds for appealing a sentence per se. While they can be relevant considerations in certain contexts, they are not the primary legal bases for appealing a sentence. They may inform other types of appeals or motions but do not substitute for a direct legal misapplication or disproportionate sentencing issues.

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