Appeals to the District Court

If you are convicted by the Local Court, you may file a conviction appeal to the District Court.

If you are sentenced by the Local Court you can file a severity appeal to 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 filed 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 The District Court judge cannot increase the penalty if the appeal has been withdrawn.