If you think your sentence is too severe, 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 the severity of the sentence from the Local Court to the District Court within 28 days after sentence is imposed.
The District Court will look at the evidence and material tendered in the Local Court, and hear submissions from the parties before making a decision. Fresh evidence can also be introduced.
If the District Court Judge is thinking about imposing a more severe sentence, they must give a Parker direction. This is basically a warning that the Judge is considering increasing the sentence. It gives the appellant the chance to ask for leave to withdraw their appeal (which is usually granted). If that occurs, the appellant is left with the original penalty imposed by the Local Court Magistrate.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.