As one of the Best Criminal Lawyers in Sydney, we assist clients who need to appeal a Local Court decision in NSW. An appeal to the District Court can overturn a wrongful conviction or reduce an excessive penalty. This is a formal legal process with strict timeframes and procedures, and careful preparation is essential.
Time Limits for Lodging an Appeal
You generally have 28 days from the date of the Local Court decision to lodge your appeal. This applies to both criminal conviction appeals and criminal sentence appeals. If the appeal is filed after 28 days but within three months, you must apply for an extension of time and provide a clear explanation for the delay. The court has discretion to refuse such an application.
Types of Appeals
An appeal to the District Court can be:
Conviction Appeal – Challenging the guilty finding.
Sentence Appeal – Accepting the conviction but disputing the severity of the sentence.
All Grounds Appeal – Challenging the guilty finding as well as disputing the severity of sentence.
A conviction appeal is not de novo, meaning the District Court does not rehear the case from the beginning. It reviews the transcript of the Local Court. A sentence appeal focuses on whether the Local Court’s penalty was excessive or inappropriate in the circumstances.
Filing the Appeal
The process begins by lodging a Notice of Appeal at the Local Court registry where the matter was finalised. The notice must specify whether you are appealing against the conviction, the sentence, or both. Once filed, the Local Court forwards the case to the District Court.
If you are in custody, you may also apply for bail pending appeal. As an experienced criminal appeal lawyer in Sydney, we know the importance of securing bail so clients can remain in the community while awaiting their hearing.
Preparing for the Appeal Hearing
A well-prepared appeal can make a significant difference to the outcome. We review the transcript, identify errors in law or fact, and determine whether additional evidence will assist.
For sentence appeals, we focus on showing why the penalty should be reduced. This may involve presenting rehabilitation evidence, identifying overlooked mitigating factors, or comparing the sentence with similar cases.
What Happens in the District Court
Appeals are heard by a single judge without a jury. In a conviction appeal, the judge considers all evidence and decides whether to uphold or overturn the guilty finding.
In a sentence appeal, the judge may reduce, vary, or confirm the original penalty. It is important to note that, in sentence appeals, there is a small risk that the District Court could impose a more severe penalty. This is a factor that must be considered carefully before filing. If the District Court is considering to impose more severe penalty, it must give you a warning and you may want to abandon the appeal at that point of time.
The Importance of Skilled Representation
An appeal requires more than dissatisfaction with the Local Court’s decision. It demands a strong legal basis, a clear strategy, and precise advocacy. As one of the Best Criminal Lawyers in Sydney, we have the experience to present appeals effectively and protect our clients’ rights. If you are considering a criminal appeal in NSW, act promptly. Time limits are strict, and the quality of your representation can directly influence the result.
