Appeals
Severity appeals, conviction appeals and all-grounds appeals from the Local Court to the District Court of NSW.
Challenging a Conviction or Sentence
An appeal is not a second hearing. It is a focused review of the earlier decision, generally on the existing material, with fresh evidence admitted only by leave. A successful appeal usually depends on identifying a specific error, additional subjective material or a meaningful change in circumstances. We assess prospects honestly and only run an appeal where there is a real basis for it.
Types of Criminal Appeals
Appeals can challenge a conviction, a sentence, or both, and can be brought by the person convicted or, in limited circumstances, by the prosecution against a sentence considered too lenient.
Appealing From the Local Court
A severity appeal challenges the sentence imposed, a conviction appeal challenges the finding of guilt after a defended hearing, and an all grounds appeal combines both, all heard afresh in the District Court.
What an appeal involves
Time Limits and Grounds
The standard appeal period is 28 days from the date of sentence or conviction, and appeals filed outside that period require leave, which is not always granted. Grounds can include an error in how the law was applied, a sentence that is manifestly excessive or inadequate, fresh evidence, or a genuine change in circumstances since sentence.
Higher Court Appeals and Should You Appeal
Appeals from the District or Supreme Court proceed to the Court of Criminal Appeal and are more technical, generally confined to identified errors of law or fact. Not every disappointing outcome has good prospects, and because a sentence appeal can result in an increased sentence, we give an honest view of the merits before anything is filed.
How Shah & Co Lawyers can assist
We only recommend an appeal where the prospects genuinely justify the risk and cost involved.
Severity Appeals
Severity appeals against sentence to the District Court of NSW.
Conviction Appeals
Conviction appeals against findings of guilt after defended hearings.
All Grounds Appeals
All grounds appeals combining conviction and sentence.
Fresh Evidence Applications
Applications for leave to adduce fresh evidence on appeal.
Crown Appeals
Defending Crown appeals against sentence, in support of the original outcome.
Prospects Advice
Honest advice on appeal prospects within the 28 day appeal period.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other criminal law services
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Drink driving, drug driving, dangerous driving, negligent driving occasioning death or grievous bodily harm, licence appeals and habitual offender declarations.
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View AVO MattersSpeak with a solicitor about an appeal.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.