Court Appeals

Court Appeals

There are different types of appeals:

1. Annulments

If you are unable to attend the Local Court, you may be convicted in your absence and penalised.  If you want to reverse the Court's decision made in your absence then you should apply for an annulment of the conviction or sentence imposed.  You must make an application within two years.  Once your conviction or sentence has been annulled, it no longer has any effect. Any enforcement taken against you will be reversed. If your fine is annulled, you will receive a refund of what you have paid.

  • 2. Appeals to the District Court
  • If you are convicted by the Local Court, you may file a conviction appeal.  The appeal is heard by the District Court. 
  • If you are sentenced by the Local Court you can file a severity appeal.  The appeal is heard by the District Court.
  • Appeals to the District Court are to be filed within 28 days after the sentence is imposed.  If the appeal is not lodged within 28 days but is filed within 3 months after the sentence then you must apply for leave to appeal to the District Court.  The District Court has no power to hear an appeal that is filed more than 3 months after the Local Court sentence was imposed.
  • The District Court can uphold or refuse your conviction appeal and severity appeal.  The District Court has the power to increase any sentence however before it does so it must provide you with a Parker warning.  A Parker warning is a warning that the Judge intends to increase the penalty that was imposed in the Local Court. If a Parker warning is given then you should withdraw your appeal.  The District Court judge cannot increase the penalty if the appeal has been withdrawn.

  • 3. Appeals to the Higher Courts
  • In New South Wales the Court of Criminal Appeal (CCA) hears appeals from the District Court and Supreme Court.  The CCA only deals with cases where it is said to be an error of law. When issues of fact arise leave to appeal needs to be obtained.

    If the CCA allows an appeal against conviction, the CCA has the power to set aside the conviction from the original trial and enter a verdict not guilty or order a re-trial.  Obtaining bail pending the hearing of an appeal in the Court of Criminal Appeal is difficult but not impossible.

    To appeal to the CCA you must first file a Notice of Intention to Appeal within 28 days from the date of sentence. If the Notice of Intention to Appeal is not filed within this time you will be required to file a Notice of Application for Extension of Time for Notice of Intention to Appeal.  After filing the Notice of Intention to Appeal you are to file a Notice of Appeal and other documentation within 6 months.  If the Notice of Appeal is not filed within this time you will be required to apply for an extension to file. 

  • Common grounds of appeal include Unsafe Verdicts; problems with Directions by the trial Judge; and fresh evidence.

  • You may appeal against a decsion of the Court of Criminal Appeal to the High Court of Australia. To do so you must first apply for leave to appeal.