If you think you should have been found not guilty of an offence, you should obtain legal advice. The particular charge and circumstances of the offence are especially relevant in this situation. Contact us for a free initial consultation.
Section 11(1) of the Crimes (Appeal and Review) Act 2001 (NSW) gives any person the right to appeal against conviction from the Local Court to the District Court within 28 days after sentence is imposed.
A person who is convicted can appeal to the court. Making an appeal is not requesting a re-hearing of the case. When a person is found guilty, they have 28 days to file an appeal to the local court. If the person filed after the 28 days period, they can still do it as long as it is within the three months after the sentencing. However, they will need to ask permission from the District Court.
The District Court will usually look at a transcript of the Local Court hearing and hear submissions from the parties before making a fresh decision. In some circumstances leave will be granted for new evidence to be introduced.
In the appeal, the appellant should convince the judge that either the jury’s decision is unreasonable, it is a wrong decision or there is a miscarriage of justice of the law.
The court, on the other hand, can replace the verdict, remove the acquittal or order for a re-trial. The court will dismiss the appeal when the appellant failed to show there is a miscarriage of justice. If permitted by the Court of Appeal, you can file for another appeal.
Aside from conviction appeal, a person can also make an appeal on the sentencing. Others would make an appeal on both the conviction and sentencing. When there is strong evidence on your conviction but you feel the sentence is too severe for your case, appealing for the sentence is a good choice.
Before you make an appeal, you must get all the necessary legal advice from a reputable lawyer. They will help give advice that is relevant to your situation and case, and give you a better chance at getting a favourable outcome.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
Mardini Defence Lawyers are here to help you. We are experienced and knowledgeable defence lawyers in Australia.
If you are seeking legal advice, contact us for a free initial consultation. Let us hear your case by calling us at 0412-719-705. We are available 24 hours.