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Have you or someone you know been convicted of an offence which you would like to appeal? Circumstances exist where it is possible to appeal a judgment of the New South Wales Local Court. Strict deadlines and procedures exist which dictate criminal appeals in New South Wales.
If you wish to appeal a decision our experienced criminal lawyers are here to help. You have 28 days from the finailsation of your matter to appeal, so don’t wait too long! Continue reading for further information then contact our office without delay
Criminal appeals are lodged based on the severity of the imposed sentence or the conviction itself. Appeals are heard by a District Court judge.
Call our criminal defence team for a no-fee first appointment on 1300 343 560 to learn more about your rights and legal options.
Check below for information on the various types of appeals before you call.
When convicted of an offence in the Local Court the defendant can appeal their conviction. The appeal must be made within 28 days of the decision. Limited extensions apply which extend this deadline to 3 months – leave of the court will be required and should not be relied upon. Any appeals lodged outside of these deadlines cannot be considered.
Criminal appeals are governed by the Crimes (Appeal and Review) Act 2001 (The Act). The Act dictates that a conviction appeal is achieved by rehearing the evidence which was before the Local Court. The court can be requested to consider fresh evidence, if it is relevant and in the interests of justice to be considered.
The Judge will be given a copy of the transcript of the proceedings in the Local Court. The Judge will also review the evidence and exhibits from the Local Court hearing.
It is possible for fresh evidence to be led at a conviction appeal. The District Court must give permission for this evidence to be admitted. An appeal is not a right to “re-run” the original proceedings. Appeals are not an opportunity to cross-examine a witness again or to introduce evidence which was previously available and not relied upon.
The police and the DPP are likely to make submissions that relate to why the original conviction should not be set aside.
Conviction appeals can be complex. The strict deadlines mentioned above must be adhered to. Goldman lawyers has a 24 hour a day crime line. Call 0435 101 184 now to speak to a criminal lawyer.
If a defendant is found guilty, or pleads guilty, at the Local Court, it is possible to appeal the severity of the sentence which has been imposed. This type of appeal is distinct to an appeal against a conviction because the appellate court is not being asked to reconsider whether the defendant is guilty.
A convicted person has 28 days to lodge an appeal against the severity of their sentence – regardless of the strength of their appeal a delay can ruin the prospects of the appeal!
There are many reasons that a convicted person lodges a severity appeal. Common reasons include the lack of special circumstances being found on sentence in the Local Court, ineptitude of previous representation or fresh material coming to light which the interests of justice demand be put before the court.
At a severity appeal the judge will be given a copy of the transcript of the Local Court proceedings. The convicted person (through their representative) will be given the opportunity to give evidence. Most severity appeals also involve the convicted person tendering evidence such as expert medical evidence or evidence from a drug and alcohol rehabilitation program.
If the appellant has been sentenced to any form of imprisonment in the matter they are appealing, an application for bail can be made. If the bail application is successful, the convicted person will be at liberty until the date their appeal is heard.
Successful severity appeals are common and often result in a more appropriate and lenient sentence being imposed. A common example of a more appropriate sentence is a shorter non-parole period being imposed.
Appealing the severity of an imposed sentence can result in a stricter sentence being imposed than that which was originally handed down in the Local Court. If an appeal has merit, the likelihood of a harsher sentence being imposed is low.
Our expert criminal lawyer are available on 0435 101 184 to discuss the merits of your appeal and the benefits of doing so.
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