Conviction Appeal from Local Court
A person convicted after a defended hearing in the Local Court may appeal to the District Court. Transcripts of the Local Court hearing are provided free of charge. The ‘re-hearing’ of the matter takes place using the transcripts supplemented by submissions. Leave can be granted to adduce further evidence in certain circumstances.
An appeal by leave can be lodged in circumstances where a person who pleaded guilty no longer believes that they are guilty – for example where additional exculpatory evidence becomes available.
A person can appeal against both conviction and sentence – sometimes referred to as an all grounds appeal. Sometimes the appellant will not want to change a lenient sentence if the event the conviction appeal fails.