Martin Ricci and his staff at The Law Practice have successfully conducted many appeals against conviction and sentence in superior Courts in particular, the Court of Criminal Appeal. Many of the cases conducted by The Law Practice are relied upon as precedents by other practitioners.


May v Regina [2012] NSWCCA 111

Following a trial by a jury (that The Law Practice was not involved in), Mr May was convicted of murder on 4 June 2008. He was sentenced to a term of imprisonment comprising a total period of 36 years commencing on 16 January 2007 with a non-parole period of 27 years. The Law Practice were later instructed to act in an appeal against conviction. After a successful appeal, the conviction was quashed and a verdict of acquittal entered. Mr May was released from gaol forthwith.


Regina v Ruiz-Avila [2003] NSWCCA 264

Following a trial by a jury, Mr Ruiz-Avila was convicted of three counts of knowingly take part in the supply (Counts 1 and 2) and cultivation (Count 3) of prohibited drugs. He was found guilty of all three counts and sentenced to a term of imprisonment. The Law Practice appealed against his conviction of the second and third counts and appealed against his sentence on the first count. After a successful appeal, the convictions were quashed and verdicts of acquittal entered for Counts 2 and 3. The appeal against sentence in relation to Count 1 was also successful in relation to Count 1. That sentence having expired, Mr Ruiz-Avila was released from gaol forthwith.


Elshani v Regina [2015] NSWCCA 254

The Law Practice established a precedent in relation to the probable effect of sentence on offender’s family or dependents. The Court of Criminal Appeal accepted that there was “exceptional hardship” to the offender’s family which could be taken into account under s 16A(2)(p). The appeal was granted and Mr Elshani was resentenced.


A non-exhaustive list of other examples of successful appeals against sentence that The Law Practice have acted in are as follows:-

Newman (a pseudonym) v Regina [2019] NSWCCA 157

Greentree v Regina [2018] NSWCCA 227

Haule v Regina [2015] NSWCCA 253

Deakin v Regina [2014] NSWCCA 121

Horne v Regina [2014] NSWCCA 133

Aiken v Regina [2011] NSWCCA 208

Marracos v Regina [2008] NSWCCA 267

Regina v Novakovic [2004] NSWCCA 437