TAS Supreme Court Sentencing - Retrial Expiry

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Crux

Member
25 May 2019
1
0
1
Was found guilty and sentenced to 2 years wholly suspended (1st offence). This time as been served.
Legal aid said not guilty due to reasons of insanity was pretty much a slam dunk.

Wording by a forensic psychiatrist was heavily scrutinised by the jury and found that it was not enough to count a full loss of control in the non-violent but massive destruction of property acts.
At the time of the trial I was on medication (heavy anti-psychotics) and didn't have the capacity to steer my lawyer or to take the stand and be properly cross-examined.
My lawyer went the route of just proving that I have a diagnosed mental condition (which I do - BPD1), and that this was the cause.
It was actually a trial medication I was diligently taking which had an adverse effect, causing a suped up elevated mania, causing; delusions, hallucinations, extreme energy and mixed mania with attached depression.
None of this was touched on, which I think was integral. The medication has reported side effects which include whats listed above. The lawyer was told about this, but advised that the non-guilty due to insanity would be more achievable.

The criminal record I have now, prevents me from the career I wish to pursue, limits my travel and is otherwise a black spot.
This aside and long story short, is it too late or even possible to appeal or have a retrial half a decade after sentencing?
 

SaulGoodman

Well-Known Member
11 March 2019
19
1
74
You usually have 14 days and after that you need to apply for leave to appeal. It would be very unusual for someone to appeal in your circumstances. You would need to speak with a lawyer regarding the specific facts of your case for more accurate information