02 9159 9010
Criminal Appeals Lawyers Sydney
If you have been convicted or sentenced in the Local Court, the District Court, or the Supreme Court and believe the outcome was wrong or the penalty too harsh, you may have the right to appeal. The appeal process in NSW is governed by the Crimes (Appeal and Review) Act 2001 (NSW) and the Criminal Appeal Act 1912 (NSW).
Time is critical. For most appeals from the Local Court to the District Court, you have only 28 days from the date of sentencing to lodge a notice of appeal. If you miss this deadline, you will need leave from the District Court to appeal out of time, which is only granted in limited circumstances.
Contact Blackridge Law immediately on 02 9159 9010 if you are considering an appeal.
Types of Criminal Appeals
Severity Appeal (Appeal Against Sentence)
A severity appeal is the most common type of appeal. Under section 11(1) of the Crimes (Appeal and Review) Act 2001, any person sentenced by the Local Court has the right to appeal to the District Court against their sentence. You do not need to show that the magistrate made an error — the appeal is a complete rehearing. The District Court Judge will consider all the evidence from the original proceedings and make their own decision on the appropriate sentence.
Fresh evidence can be introduced on a severity appeal under section 17, including character references, evidence of rehabilitation, enrolment in programs, or changed circumstances since the original sentence.
If the District Court considers imposing a harsher penalty than the original sentence, it must give what is known as a Parker warning, giving you the opportunity to withdraw your appeal before a worse outcome is imposed.
Conviction Appeal (Appeal Against a Guilty Verdict)
Under section 11(2), a person convicted by the Local Court may appeal to the District Court against the conviction. The appeal is by way of rehearing, meaning the District Court will review the evidence that was before the magistrate. Fresh evidence can only be introduced with leave of the District Court under section 18, and only where the court is satisfied it is in the interests of justice.
A successful conviction appeal results in the conviction being quashed (set aside) and the charges dismissed.
All Grounds Appeal
You may appeal against both conviction and sentence at the same time. This is called an all grounds appeal. It is common to lodge an all grounds appeal where the conviction appeal may be unsuccessful, so that the sentence can still be reviewed.
Annulment Applications
If you were convicted in your absence (you did not attend court), you may apply to the Local Court to annul the conviction under section 4 of the Act. An annulment application must be made within 2 years of the conviction. If the annulment is granted, the conviction is set aside and the matter is reheard by the Local Court as if the original proceedings had not occurred.
Court of Criminal Appeal (Indictable Appeals)
If you were convicted or sentenced in the District Court or Supreme Court (on indictment), your appeal is heard by the NSW Court of Criminal Appeal (CCA) under the Criminal Appeal Act 1912 (NSW). These appeals are more complex and require leave of the court in most cases. The CCA may allow an appeal if the verdict was unreasonable or cannot be supported by the evidence, there was a wrong decision on a question of law, there was a miscarriage of justice, or the sentence was manifestly excessive.
The 28-Day Deadline
For appeals from the Local Court to the District Court, the notice of appeal must be lodged within 28 days of sentencing. If you lodge within this period, your sentence is automatically stayed (put on hold) pending the outcome of the appeal. This means you do not need to comply with any licence disqualification, community service, or other penalty while the appeal is pending. If you lodge after 28 days, you need leave from the District Court and the sentence is not automatically stayed.
Frequently Asked Questions
Can my sentence get worse on appeal?
Can I appeal if I pleaded guilty?
What happens to my licence disqualification during an appeal?
Speak with a lawyer
Considering an appeal? Call Blackridge Law now — the 28-day deadline matters.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
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