How Do I Lodge A Conviction Appeal?

Appealing you conviction cannot make your sentence any worse. You must appeal from a Local Court conviction within 28 days of the decision. Limited extensions apply which extend this deadline to 3 months – leave of the court will be required and should not be relied upon. Any appeals lodged outside of these deadlines cannot be considered.

Criminal appeals are governed by the Crimes (Appeal and Review) Act 2001 (The Act). The Act dictates that a conviction appeal is achieved by rehearing the evidence which was before the Local Court. The court can be requested to consider fresh evidence, if it is relevant and in the interests of justice to be considered.

The Judge will be given a copy of the transcript of the proceedings in the Local Court. The Judge will also review the evidence and exhibits from the Local Court hearing.

It is possible for fresh evidence to be led at a conviction appeal. The District Court must give permission for this evidence to be admitted.

The police and the DPP are likely to make submissions that relate to why the original conviction should not be set aside.

Call (02) 8810 0924 24/7 to speak to a criminal lawyer about your appeal.

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