Being convicted of a criminal offence or receiving a harsh sentence can be devastating. However, in some cases, it may be possible to appeal the outcome. An appeal allows a higher court to review the decision of a lower court, either because of legal error, an unreasonable verdict, or because the sentence imposed is excessive. This article outlines the process of appealing a criminal conviction or sentence in New South Wales and how Nichole Orr from Orr Legal can assist.

Who Can Appeal a Criminal Conviction or Sentence?

Anyone who has been found guilty of a criminal offence or sentenced by a court in NSW may have the right to appeal. This includes people convicted in the Local Court, District Court, or Supreme Court. Appeals can be made against:

  • The conviction (if you believe the finding of guilt was wrong or unfair)
  • The sentence (if you believe it was too harsh or legally incorrect)

In some cases, the prosecution may also appeal if a sentence is considered too lenient or if the court made an error in acquitting the accused.

Which Court Hears the Appeal?

The court that hears your appeal depends on where your original matter was finalised:

  • If your case was decided in the Local Court, you can appeal to the District Court
  • If your case was heard in the District or Supreme Court, you can appeal to the NSW Court of Criminal Appeal
  • Further appeals may be made to the High Court of Australia, but only in rare and exceptional circumstances

What Grounds Are Required to Appeal a Conviction?

Appealing a conviction usually requires showing that a substantial miscarriage of justice occurred. This may involve:

  • Legal error by the judge
  • Incorrect directions to the jury
  • Inadmissible or prejudicial evidence being allowed
  • The verdict being unreasonable or unsupported by the evidence
  • New evidence coming to light that was not available at trial

Your legal representative must carefully review the trial transcript and court documents to identify appealable errors.

What Grounds Are Required to Appeal a Sentence?

You may appeal a sentence if it is:

  • Manifestly excessive
  • Based on incorrect facts or mistaken evidence
  • Affected by legal error or misapplication of sentencing principles
  • Disproportionate when compared to other similar cases

Even if you pleaded guilty, you still have the right to appeal your sentence if you believe it was too harsh.

How Long Do You Have to File an Appeal?

Strict time limits apply:

  • For appeals from the Local Court to the District Court, you generally have 28 days from the date of conviction or sentence
  • For appeals to the NSW Court of Criminal Appeal, the timeframe is 28 days, but extensions can sometimes be granted if there is a valid reason for delay

It is important to seek legal advice immediately if you are considering an appeal, as missed deadlines can make it much harder to challenge the outcome.

What Happens After an Appeal Is Filed?

Once your appeal is lodged:

  • The court will set a hearing date
  • Transcripts and relevant documents will be prepared
  • Your lawyer will file written submissions outlining the grounds for appeal
  • The appeal will be heard before a judge or panel of judges, depending on the level of the court

If the appeal is successful, the court may quash the conviction, order a retrial, or reduce the sentence. If the appeal is unsuccessful, the original decision stands and, in rare cases, costs may be awarded.

Why Choose Nichole Orr from Orr Legal?

Appealing a conviction or sentence requires deep legal knowledge and careful analysis of the original proceedings. Nichole Orr has extensive experience in criminal defence and appellate advocacy and can guide you through every step of the process.

Orr Legal can assist by:

  • Reviewing transcripts and identifying grounds of appeal
  • Preparing detailed submissions and presenting your case in court
  • Advising you on the likely prospects of success
  • Ensuring all filing deadlines and court procedures are followed
  • Supporting you with honest, practical advice throughout the appeal process

If you believe you were wrongly convicted or received an unfair sentence, contact Orr Legal today to discuss your options.