If you have been convicted or sentenced in the Local Court without being there to defend yourself, you may be able to have that decision set aside. This process is called an annulment application under section 4 of the Crimes (Appeal and Review) Act 2001 (NSW).
At Pannu Lawyers, we regularly help clients run annulment applications. In this article, we explain what an annulment is, who can apply, and how the process works.
What is an annulment?
An annulment is a way to cancel a conviction or sentence made in your absence. If the court grants the application, your case is reopened and heard again as if the original conviction never happened. This is different from an appeal. An appeal asks a higher court to review the decision. An annulment brings your matter back to the Local Court to start fresh.
Who can apply for an annulment?
You can apply if:
You were convicted or sentenced when you did not attend court.
You did not know about the court date until it was too late, or
You were stopped from attending because of illness, accident, or some other valid reason.
The court can also grant an annulment if it believes it is in the interests of justice to do so.
Importantly:
You must apply within two years of the conviction or sentence.
In most cases, you only get one chance to make this application.
The annulment process step by step Here is how an annulment application works:
Gather information – We collect details of your conviction, court papers, and the reasons you did not attend court. Evidence such as medical certificates or proof that you never received notice of the hearing is critical.
Prepare the application – We complete the official “Annulment Application” form, making sure your grounds are clearly explained and supported by evidence.
File the application – The application is lodged with the Local Court registry. A filing fee applies, though fee waivers are available in cases of financial hardship.
Notice to the other side – The court notifies the police or prosecutor of your application.
Court hearing – You (and your lawyer) attend court to explain why the annulment should be granted. We prepare your affidavit and submissions to make sure your case is put forward clearly and effectively.
Decision – If the annulment is granted, your conviction or sentence is set aside. Your case is then reheard, either immediately or on a later date. If the annulment is refused, the conviction or sentence stays in place. You may still have the option of appealing to the District Court within 28 days.
Why clients choose Pannu Lawyers for annulment applications ?
Running an annulment application is not just about filling in a form. The success of the application often depends on:
Providing strong evidence for why you missed court.
Clearly linking your reasons to the legal grounds under the law.
Showing why it is fair and just for your matter to be reheard.
Our experienced team of lawyers know what magistrates look for in these cases. We make sure your evidence is solid, your application is properly prepared, and your arguments are persuasive.
Next steps
If you missed your court date and have been convicted or sentenced in your absence, do not delay. The two-year time limit is strict, and the sooner we act, the better the chances of success.
Call Pannu Lawyers today to discuss whether you are eligible for an annulment and how we can help you get your matter back before the court
