Can I appeal my sentence?
An appeal is a challenge of a previous legal decision. You may be able to file for an appeal if you have been found guilty of an offence and believe you are not guilty or think your sentence was too harsh.
You have 28 days from the date of your sentence in the Local Court to lodge an appeal. An appeal can be lodged at any Local Court registry in New South Wales. Once you have lodged your appeal, your court outcome is 'stayed'. This means any convictions, good behaviour bonds and fines that were imposed by the Local Court are placed on hold until your appeal is heard in the District Court. You should always check with the Registry or your Solicitor whether your sentence will be stayed until your appeal is heard.
If your appeal is not lodged within the required 28 days, then you must seek leave to appeal. An application for leave to appeal must be lodged within 3 months of the Local Court decision.
When the matter is heard in the District Court, the judge will first determine whether leave should be granted. Generally, this means that submissions have to be made about the reasons why the appeal wasn’t able to be lodged in the first 28 day period. After that three month period, there is no avenue for appeal.
We recommend it is best to obtain legal advice as soon as possible so that the documents can be filed within the first 28 day period. If you are considering appealing your matter, Equilaw Solicitors are here to help. Contact us
on 02 6542 5566.
Liability limited by a scheme approved under Professional Standards Legislation. This newsletter is intended to provide general information. You should obtain professional advice before you undertake any course of action.
