Convicted, or given a sentence that is too harsh? An appeal can overturn a conviction or reduce a sentence, but strict time limits apply and the rules differ depending on which court dealt with your case. Get advice as soon as possible. Call Robert Kaufmann on 1300 276 529 for a free initial consultation with an Accredited Specialist in Criminal Law.
Criminal appeals lawyer in Sydney
Robert Kaufmann has practised criminal law in NSW for over 23 years. For 17 of those years he has been an Accredited Specialist in Criminal Law, recognised by the Law Society of NSW. He has run appeals from the Local Court to the District Court, and appeals against conviction and sentence in the Court of Criminal Appeal. He gives you a frank assessment of whether an appeal is worth bringing, and the risks as well as the prospects.
Appeals from the Local Court to the District Court
If your case was decided in the Local Court, you can appeal to the District Court under the Crimes (Appeal and Review) Act 2001:
- Time limit: 28 days from sentence to lodge an appeal as of right. After that, you need leave (permission), which can generally be sought within three months.
- Sentence (severity) appeals: the District Court decides the sentence afresh. It can reduce the sentence, including to no conviction, but it can also increase it. We will warn you if there is a real risk of that.
- Conviction appeals: usually decided on the transcript and evidence from the Local Court, with new evidence allowed only in limited circumstances.
- Annulment: if you were convicted in your absence, an application to the Local Court to set aside the conviction may be better than an appeal.
Appeals to the Court of Criminal Appeal (CCA)
If you were convicted or sentenced in the District or Supreme Court, appeals go to the NSW Court of Criminal Appeal under the Criminal Appeal Act 1912.
- Time limit: a notice of intention to appeal must generally be lodged within 28 days of sentence. This preserves your right to appeal while the grounds are prepared.
- Conviction appeals: for example, where the trial judge made an error of law, misdirected the jury, wrongly admitted evidence, or the verdict was unreasonable on the evidence, or where there was a miscarriage of justice.
- Sentence appeals: require leave. You must show an error by the sentencing judge or that the sentence was manifestly excessive.
- Crown appeals: the DPP can appeal a sentence it considers manifestly inadequate. We defend against these too.
Beyond the CCA
In rare cases, a further appeal can be brought to the High Court of Australia with special leave. Other options include an inquiry into a conviction, or a petition for review. We can advise whether any of these are realistic in your case.
How we handle your appeal
- Obtaining and reviewing the transcript, judgment and sentencing remarks.
- Identifying genuine grounds of appeal, and telling you honestly if there are none.
- Preparing written submissions and fresh material, such as updated reports and references, for sentence appeals.
- Briefing experienced appellate counsel where needed.
Courts we appear in
We appear in the District Court on appeals from Local Courts across NSW, and in the Court of Criminal Appeal.
Criminal appeal FAQs
I missed the 28-day deadline. Can I still appeal?
Often, yes, with leave. For Local Court matters, leave can generally be sought within three months. For CCA appeals, an extension of time can be sought, but you must explain the delay. Act quickly.
Can my sentence be increased if I appeal?
On a District Court severity appeal, yes, the court can increase the sentence. We will tell you if that is a real risk before you decide.
Am I on bail while my appeal is heard?
If you were sentenced to full-time custody, you can apply for bail pending the appeal, but it is not automatic, particularly in the CCA. We can advise on your prospects.
Speak to a criminal appeals lawyer now
Call Robert Kaufmann on 1300 276 529 for a free initial consultation, book a phone consultation online, or send an enquiry through our contact form.
This page is general information about NSW law and is not legal advice. Every case depends on its own facts.