Criminal Appeals & Sentence Review Lawyers Penrith Area

If you have been convicted of a criminal offence or believe your sentence was too severe, you may have the right to appeal. Criminal appeals in New South Wales are governed by the Crimes (Appeal and Review) Act 2001 (NSW), and strict time limits apply.

For matters decided in the Local Court, an appeal lies to the District Court. You may appeal against conviction, sentence, or both. An appeal against conviction in the District Court is heard as a fresh hearing, meaning the matter is heard again and new evidence may be admitted. An appeal against sentence only involves the District Court Judge reviewing the Local Court sentence and determining whether a different sentence should be imposed.

Appeals from the District Court or Supreme Court to the Court of Criminal Appeal involve different procedures. These appeals are not rehearings; rather, the court reviews whether there was an error of law, a miscarriage of justice, or whether the sentence was unmistakably excessive or inadequate.

It is important to lodge an appeal within the required time limits. For Local Court matters, an appeal must generally be lodged within 28 days of the sentence being imposed. Extensions of time may be granted in some circumstances, but this is not guaranteed.

In addition to appeals, an application for review may be available in certain circumstances, including where new evidence has emerged or where there has been a significant change in the law.

At Bateman Battersby Lawyers Penrith, our experienced team can assist you with all aspects of criminal appeals and reviews, including:

• advising you on the merits of an appeal against conviction or sentence;
• preparing and lodging appeal documents within required time limits;
• representing you in the District Court on appeal from Local Court decisions;
• briefing counsel for appeals to the Court of Criminal Appeal;
• advising on applications for review where new evidence has emerged.