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District Court Severity Appeals

District Court Severity Appeals are appeals from the Local Court to the District Court on the ground that the Local Court penalty was too harsh.

These appeals must be filed within 28 days of your Local Court sentencing unless you apply for ‘leave’ (permission) to appeal outside the 28 days which you can do for up to 3 months after your local court sentencing.

In that case, the district court will decide whether to allow you to appeal outside time. At the appeal hearing, the judge will receive the materials handed-up in the Local Court. You (or your lawyer on your behalf) can also hand up additional materials, or call any evidence.

If the judge believes you should get a harsher penalty than that imposed in the Local Court the judge must warn you (or your lawyer) about this at which time you (or your lawyer) can seek leave to withdraw your appeal.

This is called a ‘Parker warning’ in practical terms, this means you should only receive the same or a more lenient penalty when you appeal from the Local to the District Court.

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