Criminal Law
58 pages
Sexual Offences
Drug Offences
General Offences
Traffic Law
9 pages
Need representation or unsure what the next steps in your case are? Contact us today for a consultation.
If you have been convicted of a criminal offence or believe the sentence imposed was too severe, you may have grounds to appeal.
An appeal is not simply an opportunity to have a matter heard again because you disagree with the outcome. It requires a careful assessment of the original proceedings, the applicable law and the legal grounds upon which the decision may be challenged.
At Chidiac & Associates, we approach criminal appeals with detailed legal analysis, strategic preparation and persuasive appellate advocacy. We examine the circumstances of the original proceedings, identify potential errors and assess the available grounds of appeal before developing a focused approach to your case.
Whether you are challenging a sentence imposed in the Local Court, appealing a conviction in the District Court or Supreme Court, or seeking to challenge both a conviction and sentence before the Court of Criminal Appeal, we understand the importance of getting the appeal right.
An appeal demands more than disagreement with the outcome. It demands a properly identified legal basis and a compelling argument.
The appropriate appeal pathway depends on the Court that made the original decision, the nature of the decision being challenged and the grounds available under the applicable legislation.
Broadly, criminal appeals involving the courts discussed on this page fall into two categories.
District Court appeals: A person appealing a criminal conviction or sentence imposed in the Local Court will generally appeal to the NSW District Court under the applicable statutory framework.
Court of Criminal Appeal (CCA) appeals: A person convicted or sentenced for an indictable offence in the District Court or Supreme Court may, in appropriate circumstances, appeal to the NSW Court of Criminal Appeal.
The distinction is important. The procedure, legal tests and potential outcomes differ between these jurisdictions.
Our role is to assess the available options, identify the appropriate appeal pathway and advise you on the legal and practical considerations before proceedings are commenced.
If you believe the sentence imposed by a Local Court Judge was too severe, you may be entitled to lodge a severity appeal in the NSW District Court.
A severity appeal challenges the penalty imposed, rather than the finding of guilt itself. It may be relevant where you accept the conviction but contend that the sentence should be reduced.
District Court sentence appeals from the Local Court are generally conducted by way of a rehearing. The Court reconsiders the sentencing matter in accordance with the applicable legislation and procedure, and fresh evidence may be received where permitted.
The appeal provides an opportunity to present the sentencing case and address the appropriate penalty, but the outcome is not guaranteed.
At Chidiac & Associates, we examine the original sentencing proceedings and assess the available arguments for challenging the penalty.
Our preparation may include:
We focus on presenting a properly supported sentencing case and identifying the arguments most relevant to the outcome.
A severity appeal may warrant consideration where there are reasonable grounds to contend that a different sentence should be imposed.
The assessment will depend on the circumstances of the offending, the original sentence, the applicable sentencing principles and the material available for the appeal.
A sentence that feels harsh does not automatically establish that an appeal will succeed. Careful legal assessment is necessary before deciding whether to proceed.
Where a person has been convicted in the Local Court following a plea of not guilty and wishes to challenge both the finding of guilt and the sentence imposed, or if a non-conviction was sought during the initial sentencing proceedings and was unsuccessful, an all grounds appeal to the District Court may be available.
An all grounds appeal challenges the conviction and the associated sentence, subject to the applicable legislation and procedural requirements.
Unlike a severity appeal, which concerns the penalty, an appeal against conviction raises issues concerning the finding of guilt or the conviction itself following a plea of guilty.
The appropriate grounds depend on the circumstances of the original proceedings and the nature of the alleged error or basis for challenging the decision.
An all grounds appeal requires careful consideration of both the conviction and the sentence. The strategy must address the legal basis for challenging the finding of guilt, as well as the sentencing outcome where that is also disputed.
Our preparation may involve:
The District Court's approach to a conviction appeal differs from its approach to a sentence appeal. A conviction appeal ordinarily involves review of the evidence given in the lower Court, with witnesses generally not called unless the Court considers exceptional circumstances justify it. Sentence appeals are generally conducted by rehearing the sentencing evidence.
We assess the appropriate approach for each case and advise on the issues that must be addressed.
The NSW Court of Criminal Appeal is the State's highest court for criminal appeals. It hears appeals from decisions of the District Court and Supreme Court in criminal matters within its jurisdiction.
Appeals to the CCA are governed by the Criminal Appeal Act 1912 (NSW) and the applicable procedural rules.
Depending on the circumstances, an appeal may challenge a conviction, a sentence or both.
CCA proceedings are different from a rehearing in the District Court. They generally require the identification of specific appeal grounds and legal arguments addressing the original proceedings. Leave to appeal is required for certain grounds, including many grounds involving questions of fact or mixed questions of fact and law, and appeals against sentence.
These proceedings require detailed consideration of the trial record, the applicable legal principles and the grounds upon which appellate intervention may be justified.
An appeal against conviction challenges the finding of guilt following proceedings in the District Court or Supreme Court.
Depending on the available grounds, the appeal may concern an error of law, the reasonableness or evidentiary support for the verdict, or another ground involving a miscarriage of justice.
Our approach may include:
An appeal against conviction is not simply an opportunity to repeat the defence case. It requires a legally sustainable basis for challenging the conviction and careful analysis of whether the requirements for appellate intervention are satisfied.
A person sentenced following conviction on indictment in the District Court or Supreme Court may seek leave to appeal against the severity of the sentence.
A sentence appeal requires consideration of whether the original sentence involved an error warranting appellate intervention and whether another sentence is warranted in law and should have been imposed.
The mere fact that another Judge might have imposed a different sentence is not, by itself, sufficient.
Our preparation may include:
The objective is to identify the legal basis for challenging the sentence and present a clear, properly supported argument for appellate intervention.
In appropriate circumstances, an appellant may challenge both the conviction and sentence imposed in the District Court or Supreme Court.
An appeal of this kind requires separate consideration of the grounds directed to the conviction and those directed to the sentence. The legal requirements, available remedies and prospects of success may differ between the two.
We examine each proposed ground carefully, consider the trial or sentencing record and develop submissions directed to the applicable appellate principles.
Given the complexity and potential consequences of CCA proceedings, early assessment of the available grounds is particularly important.
Don't wait to get advice. Chidiac & Associates provides confidential criminal defence representation across Sydney and New South Wales, whenever you need it most.
The first step is to understand precisely what occurred in the original proceedings and identify the decision being challenged.
Depending on the matter, this may require reviewing the transcript, exhibits, sentencing remarks, reasons for judgment, relevant submissions and other material from the original case.
An appeal must be based on grounds recognised by the applicable law.
We assess the relevant material to identify potential errors, procedural issues or other circumstances that may support an appeal. We also consider the applicable legal test and the evidence necessary to establish each proposed ground.
Not every error gives rise to a successful appeal, and not every unfavourable outcome establishes an appealable error.
We consider the strengths and weaknesses of the proposed grounds, the applicable statutory requirements and the potential consequences of proceeding.
Where relevant, this includes considering whether an appeal could result in a different sentence, a conviction being quashed, a retrial being ordered or another outcome available under the applicable law.
Appeal proceedings commonly require carefully drafted written grounds and submissions.
We develop arguments that identify the relevant issues, explain the applicable law and demonstrate how the original decision may be affected by the alleged error.
The focus is on precision, legal reasoning and the proper application of appellate principles.
At the appeal hearing, we present oral submissions addressing the grounds of appeal, respond to questions from the Court and explain why the relief sought is available and justified.
Effective appellate advocacy requires a thorough command of the record, a clear understanding of the legal issues and the ability to respond directly to the Court's concerns.
The outcome depends on the nature of the appeal, the grounds established and the powers of the relevant Court.
Depending on the circumstances, the Court may:
A successful appeal does not necessarily result in an acquittal or a reduced sentence in every case. The available outcome depends on the legal basis for the appeal and the order the Court considers appropriate.
We explain the potential outcomes and associated risks before proceedings are commenced.
We examine the original proceedings carefully to identify the grounds that are properly available and the legal principles that govern the appeal.
Appeal proceedings demand close attention to the transcript, evidence, reasons for decision and applicable authorities. We approach this work methodically.
We prepare clear and persuasive submissions directed to the specific errors alleged and the orders sought.
We provide realistic advice about the strengths and weaknesses of the proposed appeal, the relevant risks and the potential outcomes.
Every appeal depends on its own facts, procedural history and legal issues. We develop our approach with those circumstances in mind.
Strict time limits and procedural requirements apply to criminal appeals. Missing a deadline may require an application for an extension of time, and an extension is not guaranteed.
If you have been sentenced in the Local Court, convicted in the District Court or Supreme Court, or believe an error occurred during your criminal proceedings, obtaining legal advice promptly is important.
At Chidiac & Associates, we assess the original decision, identify the available appeal pathways and provide advice about the steps that may be taken.
Chidiac & Associates — Prepared. Strategic. Resolute.
A severity appeal challenges the sentence imposed. An all grounds appeal generally challenges both the conviction and sentence, subject to the applicable statutory framework and procedural requirements.
A person sentenced in the NSW Local Court may generally appeal the sentence to the District Court. Time limits apply, and legal advice should be obtained promptly.
A conviction may be challenged through an appeal to the District Court where the applicable requirements are met. The appropriate procedure depends on the decision and the circumstances of the case.
A person convicted on indictment in the District Court or Supreme Court may be able to appeal to the Court of Criminal Appeal. The available grounds and whether leave is required depend on the nature of the proposed appeal.
Leave to appeal is required for certain grounds, including appeals against sentence and many grounds involving questions of fact or mixed fact and law. The requirements must be assessed in light of the particular appeal.
Yes, in some circumstances. The risks differ depending on the Court, the type of appeal and whether the prosecution brings its own appeal. Before proceeding, you should obtain advice about the potential consequences of an unsuccessful appeal and any risk of a more severe outcome.
Time limits depend on the type of appeal and the Court involved. Local Court appeals are generally subject to a 28-day period, with an extension potentially available in certain circumstances. CCA appeals have separate notice and filing requirements. You should obtain advice immediately rather than assume an extension will be granted.
Disagreement with the outcome is not enough by itself. An appeal must satisfy the relevant legal requirements and be supported by an available ground of appeal.
Need representation or unsure what the next steps in your case are? Contact us today for a consultation.