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When Can I Appeal a Criminal Offence in New South Wales?

You have the right to appeal from the Local Court to the District Court against a finding of guilt or severity of sentence for a criminal offence within 28 days of your case being finalised in the Local Court, or within 3 months if you establish there were good reasons for the delay.

If you were not present when your case was finalised in the Local Court, you can file an application to the same court within 2 years for your conviction to be annulled, or set aside, if you are able to establish it is in the interests of justice to do so.

Appeals against convictions or sentences imposed by the District Court can be made to the NSW Court of Criminal Appeal by filing a Notice of Intention to Appeal within 28 days, and a Notice of Appeal within 6 months thereafter.

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