If you are unhappy with the sentence you received in the Local Court, you can appeal to the District Court. This is known as a “severity appeal”.
A person sentenced by a Local Court has a right of appeal to the District Court. As a result, you do not need to establish specific grounds to appeal. However, you only have 28 days to file the appeal (or in some cases within 3 months).
The appeal will involve a judge reviewing the charge, facts and any subjective material. They will then make a decision as to whether a more lenient sentence should be given. It’s important to note that the Judge looks at this matter “with a fresh mind”. In other words, any particular views held, or decisions made by the Local Court magistrate will not be taken into account.
What are my chances of getting a better result?
On appeal, a judge can either:
1. Allow the appeal and impose a more lenient sentence, or
2. Dismiss the appeal, meaning that the decision of the Local Court remains, or
3. Issue a warning, known as a “Parker Warning”.
If the appeal is allowed, the decision of the Local Court magistrate is quashed and a new sentence is imposed. For example, you may receive a conditional release order without conviction, instead of a fine. However, the likelihood of getting a better result will depend on the circumstances of each case, and what new evidence can be provided.
Can I get a worse sentence?
A judge may be of the view that the penalty imposed by the Local Court was too lenient, and instead a harsher sentence should be imposed.
However, a judge can only impose a harsher sentence if they have given you a warning, known as a Parker Warning. You will then have an opportunity to withdraw the appeal, meaning the Local Court sentence will remain. If you do not withdraw the appeal after receiving the warning, a harsher sentence can be imposed.
We can help
Our commitment is to help you get the best possible outcome for your case. We will work with you to review the material provided to the Local Court, and build a strategy to strengthen your case in the District Court.
Contact us today on 0421 700 497 for a free initial consultation.
