Criminal Lawyers Sydney represents in appeals against decisions of Roads and Maritime Services (RMS) related to drivers’ licences heard in the Local Court.

If you would like appeal your case, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with a highly experienced criminal defence lawyer who will review your case and advise you of your options and the best way forward.

Local Court also determines appeals against its own decisions, for example- when a person is convicted and sentenced in their absence. This occurs in circumstances when a person does not attend court and the matter is dealt with in their absence (Criminal and AVO).

An appeal can be lodged with the Local Court, called section 4 annulment application. The court can decide to annul the previous convictions and sentence (set aside those orders) and re-determine the case.

There is a 2-year time limit for lodging a section 4 review of the conviction or sentence.

If you would like appeal your case, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with a highly experienced criminal defence lawyer who will review your case and advise you of your options and the best way forward.

Appeals against Local Court decisions are determined in the District Court. The general time frame to file the appeal is 28 days after the sentencing date.

However, that deadline may be extended to 3 months if there were reasonable reasons to explain the delay.

There are two types of appeals:

  1. Severity Appeals, and/ or
  2. Conviction Appeals

Severity Appeals means, if you believe the penalty imposed by the Local Court was too harsh and you are seeking for a more lenient sentence: including a ‘non-conviction order’.

The Judge will decide to impose either a lesser penalty or to confirm the Local Court sentence (dismiss the appeal).

The judge cannot impose a greater sentence unless they warn you about this. This is called a ‘Parker warning’. You then have the option of withdrawing your appeal.

Conviction Appeals, mean, if you believe you were wrongly found guilty, you can lodge a ‘conviction appeal’.

The judge will review the local court transcript and review all exhibits, which formed part of the evidence in the Local Court hearing and hear submissions from both parties. The judge will do one of the following:

  • Uphold the appeal and quash the finding of guilt, or
  • Refuse the appeal and confirm the guilt

Following this, the judge may be able to impose a lesser sentence if an ‘all grounds appeal’ has been lodged.

If you would like appeal your case, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with a highly experienced criminal defence lawyer who will review your case and advise you of your options and the best way forward.

There are two types of appeals:

  1. Severity Appeals, and/ or
  2. Conviction Appeals

Severity Appeals

Similarly, to the Local Court appeals to District Court, appeals against District Court decisions are determined in the New South Wales Court of Criminal Appeal (NSWCCA). The general time frame to file the Notice of Intention to Appeal is 28 days after the sentencing date and then Notice of Appeal will have to be filed within 6 months thereafter.

However, that deadline may be extended to 3 months if there were reasonable reasons to explain the delay.

The NSWCCA will provide a timetable for the filing of Grounds of Appeal (by you) and Written Submissions by you and the opposing side. The matter will be given a hearing date at which verbal submissions can be made by both parties.

The NSWCCA will either:

  • Confirm the District Court sentence (dismiss the appeal), or
  • Impose a lesser sentence, or
  • Impose a greater sentence

Conviction Appeals

There are a range of scenarios that give rise to a conviction appeal from the District Court. They may include the following:

  • The Judge ‘admitted evidence’ that should have not been allowed;
  • The judge refused to admit evidence that should have been allowed;
  • Incompetence of the Accused’s legal representatives;
  • The judge ‘misdirected’ the jury about an aspect of the law

The general time frame to file the Notice of Intention to Appeal is 28 days after the sentencing date and then Notice of Appeal will have to be filed within 6 months thereafter.

The NSWCCA will provide a timetable for the filing of Grounds of Appeal (by you) and Written Submissions by you and the opposing side. The matter will be given a hearing date at which verbal submissions can be made by both parties.

The judges will review the District court transcript and review all exhibits, which formed part of the evidence during the trial and hear submissions from both parties.

The judges will do one of the following:

  • Confirm the conviction;
  • Quash the conviction

If you would like appeal your case, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with a highly experienced criminal defence lawyer who will review your case and advise you of your options and the best way forward.

This is Australia’s highest court which comprises of 7 judges called ‘Justices’.

High Court Appeals are based on complex questions of law and legal doctrine.  If you are applying to the High Court, you will need to seek ‘special leave’ (permission) to appeal. Like other courts, there is no ‘right of appeal’ to the high court.

If you would like appeal your case, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with a highly experienced criminal defence lawyer who will review your case and advise you of your options and the best way forward.