Being found guilty or receiving a sentence in court does not always mean the matter is final. In New South Wales, a person may have the right to appeal a conviction, sentence, or certain legal decisions made by a court. Appeals are an important part of the justice system and are designed to ensure that legal errors or unfair outcomes can be reviewed by a higher court.
What Is a Court Appeal?
A court appeal is a legal process where a higher court reviews a decision made by a lower court. An appeal is not simply a new hearing because someone disagrees with the outcome. Instead, the appeal court considers whether there was an error in the original proceedings that affected the result.
Depending on the circumstances, appeals may relate to:
- a conviction (finding of guilt);
- the severity of a sentence;
- an error of law;
- procedural unfairness;
- or new evidence becoming available after the original hearing.
Appeals From the Local Court
In NSW, many criminal appeals begin in the District Court if the original matter was heard in the Local Court. Under the Crimes (Appeal and Review) Act 2001 (NSW), a person convicted or sentenced in the Local Court may appeal against:
- the conviction;
- the sentence imposed;
- or both.^1
An appeal to the District Court is often conducted as a rehearing, meaning the judge reviews the evidence and circumstances again before making a fresh decision.
Appealing a Sentence
A sentence appeal argues that the penalty imposed was too harsh or excessive in the circumstances. The appeal court may consider factors such as:
- the offender’s personal circumstances;
- prior criminal history;
- rehabilitation efforts;
- mental health considerations;
- the objective seriousness of the offence;
- and whether the sentencing principles were properly applied.
Importantly, there is also a risk that a sentence could remain unchanged or, in some cases, become more severe after an appeal.
Appealing a Conviction
A conviction appeal challenges the finding of guilt itself. Common grounds may include:
- the magistrate or judge made an error of law;
- important evidence was wrongly admitted or excluded;
- procedural unfairness occurred;
- or the verdict was unreasonable based on the evidence.
In some matters, fresh evidence that was unavailable at the original hearing may also become relevant.
Time Limits Apply
Strict time limits apply to criminal appeals in NSW. For many Local Court criminal matters, an appeal must generally be lodged within 28 days of the decision.^2 In limited circumstances, an extension of time may be granted.
Because appeal rights can be affected by delay, obtaining legal advice as early as possible is important.
Appeals to Higher Courts
Certain matters may proceed beyond the District Court to the NSW Supreme Court or the NSW Court of Criminal Appeal. These appeals usually involve more complex legal issues or questions of law.
The appeal process in superior courts is often highly technical and may require detailed written submissions and legal argument.
Why Legal Advice Matters
Appeals are complex and highly procedural. Not every unsuccessful case will have proper grounds for appeal, and the prospects of success will depend on the particular facts and legal issues involved.
Obtaining early legal advice can assist in:
- identifying potential appeal grounds;
- understanding applicable time limits;
- assessing prospects of success;
- and determining the most appropriate legal pathway.
Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice. Every case is different, and you should obtain legal advice tailored to your individual circumstances before making decisions about your legal rights or obligations.
Sources
- Crimes (Appeal and Review) Act 2001 (NSW), Part 3.
- NSW Local Court, “Appeals”, Local Court of New South Wales website: https://localcourt.nsw.gov.au
- Judicial Commission of NSW, Criminal Trial Courts Bench Book: https://www.judcom.nsw.gov.au
- Criminal Appeal Act 1912 (NSW).
