Not happy with a result, appeal it …. Here’s how to do something about your sentence
A few simple steps:
- Which Court were you in? You must firstly consider which Court you were in.
- What type of appeal do you need to lodge?
- Ask yourself what you were not happy with, did you get a sentence that was too harsh?
- Or did you feel the court did not consider crucial evidence and information?
Severity or Conviction Appeals
The answer to these questions will help you decide if you need to lodge a severity appeal or a conviction appeal (or an ‘all grounds’ appeal).
If you think the sentence was too harsh, most people usually lodge a severity appeal.
Appeals usually are easily lodged by a form either available online, or through the local court registry and must be lodged within 28 days of the sentence proceedings.
It is therefore best to lodge an Appeal as soon as possible, as Appeals outside this time frame are complex- and it is not guaranteed that you will be heard.
When you lodge your appeal, you are simply telling the court you require a date to be heard, so that they may place you within their timetable.
Appeals for Local Courts in New South Wales:
- Attend a local court registry
- Pay a fee and lodge your appeal.
- You will be given a date.
- Its best to consult a lawyer as soon as possible and seek advice on getting represented, as a judge will seek certain information on appeal including points on law.
In general, you may be required to give short evidence on the appeal, prepare a few letters (character references) and it’s often helpful to attend court with a few support persons.
- Other documents like medical reports may be useful.
- A lawyer or a barrister will make verbal submissions on your behalf to the District Court Judge.
District Court matters:
- If you have received a sentence from the District court, chances are you need to appeal your matter with the Court of Criminal Appeal in Sydney.
- The registry is located at Level 5 of the Supreme Court building.
- Be sure to lodge a Notice of Intention to appeal form within 28 days of the sentence.
- You then have 6 months to assess the matter for any merit on appeal. We recommend using a barrister for this.
- Appeals can be a complex process and require careful analysis by a skilled, experienced person who has knowledge of appeals.
- Once grounds for appeal are found, it’s imperative to follow through the correct administrative procedure.
In general, filing an Appeal requires lodging a few forms with your submissions.
These forms include:
- A Notice of Appeal form
- A statement of grounds for an appeal
- A statement nominating counsel (solicitor)
- A document indicating the availability of transcripts and exhibits used in the District court.
- Your file number will be your District court number.
If you are out of time, you must consult with the Court of Criminal Appeal Registry. They can be contacted at Tel: 02 9230 8717
OR call the experienced lawyers at ETB Legal on Telephone: (02) 9188 9669 or 0412 915 247 for expert advice
Forms are available from: