If you were unfairly found guilty in court or your penalty was too severe, or if you wish to contest a traffic offence, you may wish to file an appeal.
Our specialist criminal defence team is vastly experienced in representing clients for appeals in all jurisdictions, from the Local Court to the High Court of Australia.
To arrange a first consultation with an experienced appeals lawyer, call us today on (02) 9261 8881.
Here’s an outline of the main types of appeals in NSW.
Appeals by Police or the DPP
Crown Inadequacy Appeals | Appeals by police and DPP
Prosecutors can appeal decisions made by the Local Court. Those appeals are normally made to the District Court.
Prosecutors can also appeal certain decisions made by the District Court to the Supreme Court of NSW (the ‘NSWCCA’) and to the High Court of Australia.
The decision about whether to appeal a particular case will normally be made by the Office of the Director of Public Prosecutions; or ‘DPP’.
What will the DPP consider when deciding whether to appeal?
For appeals against sentence, DPP Guideline 29 of 2007 requires prosecutors to consider the following matters:
(i) whether the court made a material error of law or fact, misunderstood or misapplied proper sentencing principles, or wrongly assessed or omitted to consider some salient feature of the evidence, apparent from the remarks on sentence;
(ii) manifest inadequacy of the sentence which may imply an error of principle by the sentencer;
(iii) the range of sentences (having regard to official statistics and comparable cases) legitimately open to the sentencer on the facts;
(iv) the conduct of the proceedings at first instance, including the prosecution’s opportunity to be heard and the conduct of the case;
(v) the element of double jeopardy involved in a prosecution/Crown appeal and its likely effect on the outcome (the probable imposition of a lesser sentence than was appropriate at first instance);
(vi) the appeal court’s residual discretion not to intervene, even if the sentence is considered too lenient; and/or
(vii) whether the appeal is considered likely to succeed.
The Guideline also says that prosecutors should bare in mind that:
- prosecution/Crown appeals are and ought to be rare, as an exception to the general conduct of the administration of criminal justice they should be brought to enable the courts to establish and maintain adequate standards of punishment for crime, to enable idiosyncratic approaches to be corrected and to correct sentences that are so disproportionate to the seriousness of the crime as to lead to a loss of confidence in the administration of criminal justice;
- the appellate court will intervene only where it is clear that the sentencer has made a material error of fact or law or has imposed a sentence that is manifestly inadequate (which in the exercise of discretion may still not be sufficient cause);
- the appellate court will take into account the advantages enjoyed by the sentencer which are denied to it;
- the appellate court will not be concerned whether or not it would have found the facts differently, but will consider whether or not it was open to the sentencer to find the facts as he or she did;
- a respondent to a prosecution/Crown appeal suffers a species of double jeopardy which is undesirable;
- apparent leniency or inadequacy alone may not be enough to justify appellate correction;
- scope must remain for the exercise of mercy by the primary sentencer;
- the range of appropriate sentences with respect to a particular offence is a matter on which reasonable minds may differ; and
- if an appeal is to be instituted, it must be done promptly.
What should I do if I receive a Notice of Crown Appeal?
If you receive a Notice of Crown Appeal, you should immediately contact an experienced criminal lawyer who can:
– Review your case and write a letter to the DPP requesting that the appeal be ‘abandoned’ (ie cancelled) because it does not fall within Guideline 29 above;
or if the DPP nevertheless go ahead with the appeal:
– Represent you at the appeal hearing.
Sydney Criminal Lawyers® are experts in defending Crown Appeals.
We will fight to have the appeal abandoned so that you can get on with your life.
If the DPP refuse, we will use our expertise and vast experience in Crown Appeals to defend you in court.
Call us today on (02) 9261 8881 for a free first appointment with an experienced criminal defence lawyer.
Why Choose Sydney Criminal Lawyers®?
Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with. Here are 12 reasons to choose our multi-award winning legal team:
Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.
Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
Highest Level of Client Satisfaction
We have the best and most comprehensive client review record of any law firm in Australia.
Regular communication, accessibility and quality service are our team’s highest priorities.
We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
Australia’s Most Awarded Criminal Law Firm
We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
Free First Appointment
For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.
We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.
Specialist Lawyer Guarantee
We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.
This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.
All NSW Courts
From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.
And we offer fixed fees for most criminal and traffic law cases throughout the state.
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.
Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.
Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
Results-Focused Law Firm
Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.
Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.
The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.
Team of Lawyers Behind You
Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.
A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
Familiar with Magistrates and Judges
Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.
Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.
We have offices in locations across the Sydney Metropolitan Area and beyond, including:
- the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
- Liverpool, directly opposite Liverpool Local Court, and
- Parramatta, near the justice precinct.
We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.
For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.
If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at firstname.lastname@example.org.
Recent Success Stories
Beyond my expectations (Denzel R.)
Kent Park ran my appeal at a District Court and he reached an outcome beyond my expectations. I no longer have a criminal record because of Kent and can look forward to my life.
Not only is he a fantastic lawyer, but a fantastic human being. I will remember Kent not only for the outcome he has achieved for me, but for his support in a low moment in my life. I cannot speak highly enough, and I don't give positive feedback lightly.
Fahim got us a great outcome in court today. (Jasper G.)
I’m the only one who didn’t get convicted in the court room (Jupiter S.)
Beyond our expectations (Janine G.)
When we sought legal representation with SCL we were nervous, anxious and in a very difficult situation. Fahim Khan was upfront and reassuring giving us our options and what we could expect. Fahim was attentive and thorough. Fahim chose the right barrister and they worked great as a team. We won the appeal which was above and beyond our expectations. It was a difficult case but Fahim worked hard to get us the best outcome. I would recommend Fahim to anyone who needs a lawyer who will go above and beyond.
We won the appeal (Greg C.)
We engaged Fahim for an appeal to a criminal conviction, he recommended a great Barrister to help defend the case. Fahim did all the research and background work. He was friendly, approachable and kept us informed. We won the appeal and I am sure it was from all his hard work. Our much appreciated thanks to you.
I’m the only one who didn’t get convicted (Jupiter S.)
Fred Cao handled my case today very well. It was my first time to appeal to court and I have no idea what it feels like to be in a court room. The Judge was so direct and straightforward and every person who faced her today was convicted for negligent driving. However, in my case, Fred managed it responsibly, competent, and given me hope and positive re-assurance. He was able to observed the mood of the Judge to when is the best time to present to her my case as the court room is getting very pressured. My case is different to others as I’m battling for my license since I’m already in a good behaviour. After 1 hour break, we went back to the court room to hear the decision of the judge. I’ve got a positive result. I’m the only one who didn’t get convicted in the court room. Thanks Fred Cao for being helpful, good analytical skills, great judgement and perseverance. It’s my lucky day :) I would highly recommend him. Job well done Fred?????
We won our appeal case (Janine)
When we sought legal services from SCL we were nervous and anxious about our situation. Fahim Khan was calm and reassuring. Fahim was attentive and professional at all times and went above and beyond. Fahim chose a great barrister and they worked well as a team. We won our appeal case and the outcome was better than we could have hoped for or imagined. I would recommend Fahim Khan to anyone.
Highly professional, focused and diligent (V K.)
I was represented by Fahim from SCL for a severity appeal in District Court. He was highly professional, focused and diligent with the preparation of the case. Things went well and we were able to achieve a non-conviction. Needless to say I am very happy with this result and would recommend Fahim to anyone as a very capable and effective lawyer.
- District Court ‘Severity Appeals’ in NSW: Appeals from the Local to the District Court
- 12 Reasons to Choose Sydney Criminal Lawyers®
- An Unfair Dismissal? An Interview with Former Police Constable Hugh Brennan
- ‘Hey Dad Wall’ Built to Protect Robert Hughes from Faeces and Urine Attacks
- Boy Shafted by Prosecution and Own Defence Lawyer