Criminal Appeals Lawyers Sydney – Court of Criminal Appeal
A conviction or sentence can have lasting consequences. If you believe an error affected your case, obtaining legal advice promptly can help you understand whether an appeal is available and what steps must be taken.
George Sten & Co assists clients with criminal appeals in NSW. Established in 1967, our firm brings decades of criminal law experience to reviewing decisions, identifying potential grounds and preparing appeal proceedings.
An appeal is not simply another opportunity to argue that the outcome was disappointing. The appropriate pathway depends on the court that made the decision, the issues raised and the applicable legislation.
What Is the Court of Criminal Appeal?
The NSW Court of Criminal Appeal is the State’s highest court for criminal appeals. It hears specified appeals arising from criminal proceedings in the District Court and Supreme Court, including appeals against convictions and sentences imposed on indictment.
It is distinct from the Court of Appeal, which primarily exercises civil appellate jurisdiction. The correct appeal court must be identified for your particular matter.
Further appeal to the High Court of Australia generally requires special leave.
Conviction Appeals
A conviction appeal challenges the finding of guilt. Potential grounds may concern a legal error, an unreasonable verdict, the admission or exclusion of evidence, or another miscarriage of justice.
The available grounds and permission requirements depend on the case. Conviction appeals involving a question of law alone can proceed as of right under the applicable statutory provisions, while other grounds generally require leave.
A guilty plea substantially changes the issues available on a conviction appeal. It does not provide an unrestricted opportunity to withdraw the plea and start again.
Sentence Appeals
A sentence appeal challenges the penalty imposed. A person may seek leave to appeal on grounds such as an identified sentencing error or a sentence that is manifestly excessive.
The prosecution also has statutory rights to appeal against an allegedly inadequate sentence in appropriate circumstances.
An unsuccessful result does not, by itself, establish appealable error. Advice should address the legal merits, potential outcomes and risks before proceedings are commenced.
Appeals From the Local Court
Ordinary appeals against Local Court criminal convictions or sentences generally proceed to the District Court, rather than directly to the Court of Criminal Appeal.
These may include:
- Conviction appeals: challenging a finding of guilt.
- Severity appeals: challenging the sentence.
- Appeals against both conviction and sentence: sometimes described as all-grounds appeals.
Leave requirements can apply, including where a person seeks to challenge a conviction following a guilty plea.
Different procedures apply to particular decisions and specialist jurisdictions, so the correct pathway should always be checked.
What Are the Time Limits?
Court of Criminal Appeal
For ordinary conviction and sentence appeals, a Notice of Intention to Appeal should generally be filed within 28 days of sentence.
Under the Court’s current guidance, filing that notice generally allows 12 months from filing to lodge the substantive Notice of Appeal. The intention notice does not itself commence the full appeal.
Where no intention notice is filed, a different filing period applies. Extensions or permission to proceed out of time may be available, but should never be assumed.
Local Court to District Court
An ordinary appeal must generally be lodged within 28 days of sentence. An application for leave to appeal late may be made within three months, subject to the statutory requirements.
Seek advice immediately after the decision. Do not wait until transcripts are available before checking how to protect your appeal rights.
Does an Appeal Require New Evidence?
Not necessarily. An appeal to the Court of Criminal Appeal ordinarily focuses on the existing record, legal arguments and alleged errors. It is not a complete retrial.
New evidence is admitted only where the relevant legal requirements are satisfied.
Preparing an appeal may involve obtaining transcripts, exhibits, reasons for judgment, sentencing remarks and other material. These documents allow your lawyer to assess whether a proposed ground is supported.
Can You Obtain Bail While an Appeal Is Pending?
Bail pending appeal is a separate question from the appeal’s merits. Filing appeal documents does not automatically secure release or suspend a prison sentence.
For appeals to the Court of Criminal Appeal, post-conviction bail requirements are restrictive. Your lawyer can advise on the applicable test and whether an application is appropriate.
How George Sten & Co Criminal Lawyers Can Help
Our lawyers can assess the decision and explain the available options before you commit to an appeal.
Our work may include:
- Identifying the correct appeal pathway and deadlines.
- Reviewing the evidence, reasons and sentencing material.
- Advising on prospects and potential risks.
- Preparing grounds of appeal and written submissions.
- Briefing counsel where appropriate.
- Representing you throughout the proceedings.
Our courtroom experience informs careful preparation and practical advice. You can also read our client reviews.
No particular result or completion time can be guaranteed. The timetable depends on the issues, preparation requirements and court listings.
Discuss Your Criminal Appeal
If you are considering an appeal, contact George Sten & Co promptly so the available grounds and filing requirements can be assessed.
Call (02) 9261 8640 to arrange an appointment at our Sydney CBD office.
For urgent criminal law assistance, call 0412 423 569, available 24 hours.