Appeals
How criminal appeals work in NSW
From Local Court appeals to the Court of Criminal Appeal, grounds, courts, and the deadlines you can't miss.
A conviction or sentence is not always the last word. NSW has a structured appeal system, but it runs on strict deadlines and requires a sharp identification of error.
Appeals from the Local Court
Decisions of the Local Court can generally be appealed to the District Court, against conviction, sentence, or both. These appeals are usually a fresh look at the matter and must ordinarily be lodged within 28 days.
Appeals from the District and Supreme Courts
Convictions and sentences following trials in the District or Supreme Court are appealed to the Court of Criminal Appeal (CCA). These appeals turn on identifiable legal error, an unreasonable verdict, fresh evidence, or a manifestly excessive sentence, and require careful analysis of the transcript and judgment.
In the right case, the CCA can quash a conviction, order an acquittal, or reduce a sentence. We have done all three.
The deadlines are strict
Appeal periods are short, often 28 days, and while extensions are sometimes possible, you should never rely on one. If you are considering an appeal, seek advice immediately so no right is lost.
Facing this yourself? See our Appeals & Severity Appeals page, or call 1300 012 422 for a confidential consultation.
Frequently asked
How long do I have to appeal in NSW?
Often as little as 28 days depending on the court and the type of appeal. Extensions are sometimes available but not guaranteed, act immediately.
Can an appeal make my sentence worse?
In some appeals there is a risk the result could be less favourable, and prosecutors can also appeal against leniency. This is exactly why appeals should be assessed by experienced appellate lawyers before they are lodged.
This guide is general information about NSW law and is not legal advice. For advice about your specific situation, contact us.
The earlier we start, the more we can do.
Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.