Appeals can be made against a conviction or against the severity of the sentence. Appeals from the Local Court to the District Court must be made within twenty eight (28) days of conviction or sentence. However, this period can be extended to three (3) months if leave is granted by the court.
A conviction of appeal (also called an all-grounds appeal):
If you have been convicted an offence in the Local Court, you can appeal against the conviction. This appeal must be lodged within 28 days of the Local Court decision. This is known as an ‘all grounds’ or ‘conviction appeal’.
If the defence wishes to call fresh evidence or further witnesses, permission must granted by the District Court. The Court must be satisfied that it is in the interests of justice that the fresh evidence is introduced.
A severity appeal can be made against the sentence handed by the magistrate in the Local Court. Appeals must be lodged within 28 days of the Local Court handing down its decision. This type of appeal is known as a severity appeal.
Once a severity appeal has been lodged with the District Court, the original conviction and/or penalty is usually ‘stayed’. This means that the penalty is put on hold pending the outcome of the appeal. It is important to note that there are exceptions, and it is best to seek legal advice to determine whether the sentence imposed by the Local Court will be stayed in your matter.
The court will accept documents such as medical documents, rehabilitation reports, a psychological report and character references.
King & York Lawyers can help if you or someone you know is facing an unjust, or unfair sentence or conviction in the Local Court of NSW. We are experienced in this area of law and have the expertise to guide you towards the most appropriate course of action.
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