If you were found guilty in the Local, District or Supreme Court you may have the right to appeal. You may choose to appeal the decision if you were not satisfied with your legal representation or felt that the Magistrate or Judge made errors of judgment; whether in finding guilt or applying the law.
In NSW, if you were wrongly found guilty, a ‘conviction appeal’ can be lodged in attempt to overturn that finding.
You can appeal against decisions made by the Local Court including when:
i. The Court has found you guilty of an offence and you say that you are not guilty. This is called a conviction appeal.
ii. The Court has given you a penalty you think is too harsh. This is called a severity appeal.
iii. The Court has disqualified you from driving for a period of time and you think that period is too long or that you shouldn’t have been disqualified at all.
iv. The Court has refused an application to annul a conviction or other order entered in your absence.
v .An Apprehended Violence Order (AVO) has been made against you and you think it is not necessary.
In a conviction appeal the judge might conclude that you are not guilty. In a severity appeal the judge might decide that a less severe punishment is appropriate. In an appeal against an AVO the judge may decide that an AVO is, or is not, necessary or that the conditions should be changed.
The following can ground a conviction appeal from the District Court:
i. Where the District Court Judge ‘misdirected’ the jury about an aspect of the law.
ii. Where the Judge ‘admitted evidence’ that should have been excluded.
iii. Where the Judge refused to admit evidence that should have been admitted.
iv. Where the Jury reached a verdict that was not supported by the evidence.
v. Where the incompetence of the Accused’s legal representative/s caused a miscarriage of justice.
If you have been sentenced or convicted in the Local Court, you have 28 days from the date of the order to appeal. However, that deadline may be extended to 3 months if there were good reasons for the delay e.g., you were ill and hospitalised or were otherwise unable to lodge the appeal within the general timeframe.
If you have been sentenced or convicted in the District Court, you have 28 days to lodge a Notice of Intention to Appeal and 6 months thereafter to file a Notice of Appeal.
Appeals to the High Court of Australia
Appeals heard in the High Court are based on only the most serious and complex questions of law and legal doctrine. Appeals to this Court are technical and should always involve highly experienced legal representatives.
Please contact Green & Associates Solicitors for expert advice and representation in an appeal matter.
