If you feel aggrieved by the penalty you have received in court or the fact that you have been convicted of something you didn’t do, the only remedy you have left is to appeal the sentence or conviction to a higher court. These matters are very specialised.
Appeals in New South Wales
In New South Wales an appeal from the severity of a sentence imposed or conviction in the Local Court must be heard in the District Court. The appeal document must be filed within 28 days of the sentence being imposed.
And for appeals against severity of sentence the hearing will effectively be a fresh plea in mitigation before the District Court judge. But for appeals against conviction the District Court will review the transcript of what occurred in the Local Court and determine if what occurred there was lawful.
Appeals in Queensland
Likewise in Queensland both types of appeals are heard in the District Court. The appeal document must be filed within 1 calendar month from the date the Magistrates Court rendered the sentence or verdict. And for both types of appeals the hearing will be conducted by the District Court judge reviewing the transcript of what occurred in the Magistrates Court to determine if all occurred lawfully.
In both States appeals from decisions imposed in the District or Supreme Courts are heard in the Court of Appeal.
Success in these jurisdictions depends on very careful preparation and a solid understanding of the applicable law. Generally for sentence matters the law that relates to the charge preferred needs to be scrutinised as do comparative sentences from previous similar matters.
For appeals against conviction a lot more needs to be considered, often including the admissibility of certain evidence and the validity of judicial directions given to the tribunal of fact.
Contact us today about your appeal.