Overview

What is an Appeal?

There are different types of appeals:Appeals

  • appealing against severity of the sentence – known as a severity appeal or sentence appeal
  • appealing against conviction or finding of guilt – known as a conviction appeal
  • appealing against both conviction and severity – known as an all grounds appeal

Identify which court your matter was dealt with and go to the relevant page below:

Local Court – Severity Appeal from Local Court and Conviction Appeal from Local Court

District Court – Severity Appeal from District Court and Conviction Appeal after trial and Court of Criminal Appeal

Supreme Court – Conviction Appeal after trial and Court of Criminal Appeal

Court of Criminal Appeal – High Court Appeals

If you are considering an appeal against a decision from a Local Court, District Court or Supreme Court, you should seek advice from our criminal appeal lawyers so that you can get appropriate advice about the process of an appeal, the likely costs and the potential outcomes. Time limits normally apply – so don’t delay.

FAQs

Appeals FAQs

How Do I Lodge an Appeal?

Appeals are lodged at the counter of the Local Court by paying a fee and court staff completing a form which needs to be signed.

What Types of Appeals are There?

You can appeal against the severity of the sentence –this is called a Severity Appeal. Alternatively, you can appeal against the conviction being recorded if you maintain that you are not guilty of the offence. This type of appeal is called an All Grounds Appeal or a Conviction Appeal.

Do Time Limits Apply for Lodging an Appeal?

Yes. You have 28 days to file your appeal from the date of sentence. If you fail to lodge the appeal within that time, you can still lodge the Appeal with the leave of the Court providing you lodge it within 90 days of the sentence. Additional fees are payable to the Court if you require leave to appeal.

Can I Get A Heavier Penalty on Appeal?

It is possible – however the Judge should give a Parker direction or warning indicating that they are thinking of increasing the penalty. If that occurs, people often withdraw the appeal. However, before withdrawing your appeal, you should discuss your options with your criminal lawyer. It is still possible to win an appeal even after such a direction has been given.

Does An Appeal Mean That We Have To Give Evidence Again? (Conviction Appeal)

No. Appeals are conducted on the transcripts of the Local Court hearing. Application may be made to the District Court to adduce fresh evidence.

Contact a Criminal Appeal Lawyer