If you are found guilty of an offence in the Local Court of NSW, you may appeal the decision to the District Court of NSW, either on the grounds of the severity of the sentence imposed or on appeal against conviction if you believe that you are not guilty of the offence (commonly referred to as an all grounds appeal).
Annulment
You can make an application for the annulment of a conviction if the conviction was recorded in your absence and you can prove to the Court that you were either unaware of the proceedings or could not attend the proceedings due to significant incidents such as illness, accident or other significant reasons, or that it would be unjust having regard to the circumstances of your matter and not in the interests of justice for the conviction to stand. Such an application is heard by the Local Court and is made by filing the application within two years of a conviction or sentence being handed down in your absence.
Severity or Sentencing Appeal
If, after pleading guilty or being found guilty of an offence by a Local Court Magistrate, you believe the sentence that was imposed is excessive, you may make an application for a severity appeal to be listed before the District Court of NSW.
The matter will be heard by a Judge of the District Court in lieu of a Magistrate of the Local Court and will review the sentence imposed by a Magistrate and will also hear evidence from you in person.
A severity appeal must be lodged within 28 days of the conviction and/or sentence being imposed by the Magistrate.
If upon lodging the severity appeal, you were sentenced to a period of imprisonment, you may also file an application for bail pending the appeal taking place.
Appeals Against Convictions (all grounds appeals)
If you are convicted of an offence and believe the Magistrate has made an error in convicting you and you believe the sentence imposed is excessive, you may make an application for an appeal against conviction and sentence.
Under the Crimes (Appeal and Review) Act, an all grounds appeal is to be heard on the basis of the evidence given in the original proceedings before the Local Court. Only in special circumstances will the Court allow new evidence to be heard. The matter generally proceeds by transcript from the Local Court proceedings, with submissions thereafter being made regarding the conviction.
An all grounds appeal must be lodged within 28 days of the conviction and/or sentence being imposed by the Magistrate.
If upon lodging the all grounds appeal, you were sentenced to a period of imprisonment, you may also file an application for bail pending the appeal taking place.
If you have been convicted of an offence and you believe an error has been made, we strongly recommend that you seek legal advice as to the merits of an all grounds appeal as soon as possible.