Appealing from the Local Court to the District Court
If you are not happy with a decision made by a Magistrate in the Local or Children’s Court, then contact us to consider an appeal. Our highly experienced Criminal Lawyers will examine your case and explain every aspect of the appeal process to you. More importantly, that lawyer will identify if there is any merit in the appeal and not waste your time or money. However, we have a high success rate in most matters on appeal because of our wealth of knowledge and extensive experience in this area of law.
Some examples of appeals that we appear in include:
Severity of Sentence Appeal:If the Magistrate has given you a penalty which you think is too severe Conviction Appeal:If the Magistrate has found you guilty of an offence and you say that you are not guilty Licence Disqualification Appeal:If the Magistrate has disqualified you from driving for a period of time that you think is too long or severe Reversal of Plea Appeal:If you want to change your plea of guilty to a plea of not guilty after a conviction has been recorded against you by the Magistrate AVO Appeal:If the Magistrate has made an Apprehended Violence Order (AVO) against you and you think that is not necessary; or if your application for an Apprehended Violence Order (AVO) was refused Prosecution Leniency Appeal:If the Prosecution has appealed the sentence which you received in the Local Court and they think it was too lenient Refusal of Annulment Appeal:If the Magistrate has refused your Section 4 Annulment application or refused your application for an annulment of a conviction made in your absence
Contact us immediately after any of the above has occurred to you. Usually, you have 28 days from the date of the order to appeal the Magistrates decision – so don’t waste time and contact us now. If you are in prison, you can lodge an appeal at the prison. See the welfare officer or officer in charge as soon as possible.
Licence Suspension Appeals
The Local Court has power to determine appeals against the suspension of your driver’s licence by the RTA (RMS). We can appeal the suspension of your driver’s licence in the following scenarios:
If your driver’s licence has been suspended for speeding over 30km/h or 45 km/h; or
If you have lost too many demerit points as a P1 or P2 licence holder and the RMS has decided to suspend your driver’s licence
Section 4 Annulment Application – An appeal against the conviction made in your absence
If you have missed a court date in the Local Court, a Magistrate can convict and sentence you in your absence. If this has happened to you it is important that you find out what happened at court as soon as possible.
If you are not happy about the decision made by the magistrate, then contact us and we apply to the court to review the conviction, penalty or any other order made in your absence. This is usually called an application for annulment or section 4 application.
Refused Bail in the Local Court? Appeal to the Supreme Court
You have the right to apply for bail to the Supreme Court if you have been refused bail by the Local Court. If your case has been transferred from the Local Court to the District Court you may apply for bail at the District Court. Our lawyers will look out for you in this difficult time and help you prepare for this kind of appeal. Contact us now to arrange a meeting.
Appeals Against District Court Decisions
You may appeal against a District Court decision to the Supreme Court, Court of Appeal or Court of Criminal Appeal. In some cases, you may need to lodge a Notice of Intention to Appeal prior to lodging an appeal. Contact us to get legal advice about your right of appeal, time limits and the appropriate court to appeal to.