Expert Criminal Appeal Lawyers NSW: Challenge Your Sentence or Conviction
The Court Got It Wrong. We Fight to Set It Right.
If you have been found guilty of an offence or received a sentence that is manifestly too harsh, your case is not over. A Criminal Appeal is your fundamental right to have a superior court review the decision of a lower court.
Criminal appeals are highly complex and governed by strict time limits and procedural rules. You need a expert who understands not just the law, but the specific legal grounds required to successfully overturn a judicial decision in New South Wales.
At My Criminal Lawyers, we specialize in identifying errors in fact or law and have an excellent track record in securing significantly reduced sentences or overturning wrongful convictions.
The Two Types of Criminal Appeals in NSW
Criminal appeals fall into two primary categories, each with different procedures, jurisdictions, and legal requirements:
1. Severity Appeals (Appeals Against Sentence)
A Severity Appeal challenges the punishment imposed by the original court, arguing that the sentence was “manifestly excessive” (clearly too high) given the facts and your circumstances.
- Jurisdiction: Appeals from the Local Court are heard in the District Court of NSW.
- Goal: To achieve a reduced fine, a shorter bond, a lower period of imprisonment, or a Section 10 dismissal (no conviction).
2. Conviction Appeals (Appeals Against Guilt)
A Conviction Appeal challenges the finding of guilt itself. This is the most complex type of appeal, arguing that the verdict should be overturned because a miscarriage of justice occurred.
- Jurisdiction: Appeals from the Local Court are heard in the District Court. Appeals from the District Court or Supreme Court are heard in the NSW Court of Criminal Appeal (NSWCCA)
- Goal: To have the finding of guilt set aside and either enter a verdict of acquittal ('Not Guilty') or order a retrial.
Where Appeals are Heard in New South Wales
The court that hears your appeal depends on the court that made the original decision:
| Original Court Decision | Type of Appeal | Appeal Court Jurisdiction |
| Local Court (Magistrate) | Severity or Conviction | District Court of NSW |
| District Court (Judge/Jury) | Severity or Conviction | NSW Court of Criminal Appeal (NSWCCA) |
| Supreme Court (Judge/Jury) | Severity or Conviction | NSW Court of Criminal Appeal (NSWCCA) |
| NSWCCA | Point of Law | High Court of Australia (Requires special leave) |
The Grounds for a Successful Conviction Appeal
A successful appeal to the NSWCCA or District Court requires establishing a specific legal error occurred during the original trial. The key grounds include:
Error of Law
The trial judge made a mistake regarding the law or procedure, such as:
- Wrongly admitting or excluding critical evidence.
- Giving a confusing or incorrect direction to the jury on a matter of law.
- Misinterpreting a specific statute or legislative definition.
Unreasonable or Unsupported Verdict
This ground argues that, based on the evidence presented, no reasonable jury or judge could have been satisfied of the accused’s guilt beyond reasonable doubt. This is a challenge to the facts themselves.
Miscarriage of Justice
This is a broad ground that covers any procedural unfairness that resulted in the appellant not receiving a fair trial. Examples include:
- Ineffective assistance of original legal counsel (e.g., barrister failed to call a key witness). Jury irregularity or bias.
- Jury irregularity or bias.
Fresh and Compelling Evidence
New evidence has emerged since the trial that could not reasonably have been obtained at the time of the hearing, and which, if presented, would likely have led to a different verdict.
Why Choose My Criminal Lawyers for Your Appeal?
Appeals are an expert field of law. You need a firm that not only understands the trial process, but has a proven record of success in superior courts.
Strict Time Limits Apply
For Local Court appeals to the District Court, you generally have 28 days from the date of the sentence to lodge your appeal. Appeals to the NSWCCA have different, equally strict, limits. We act immediately to secure your appeal rights.
Strategic Briefing of Expert Barristers
Appeals in the District Court and NSWCCA are usually argued by an expert barrister. We maintain strong relationships with leading Criminal Appeal Barristers across NSW, ensuring we brief the right expert for your specific case and ground of appeal.
Upfront Fixed Fees
We understand that clients often seek an appeal after incurring significant legal costs in the original hearing. We provide Fixed Fee cost agreements for many appeal matters, offering you certainty and transparency during a financially stressful time.
Take Control of Your Case—Call Us Now
If you are considering an appeal, time is the most critical factor. Do not delay seeking advice. Our appeal expert will review your entire case, advise you on the available grounds, and calculate your chances of success.
Call My Criminal Lawyers 24/7 for an urgent, confidential appeal review.
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