District Court Appeal Removes Convictions and Protects Client’s Career: Severity Appeal Upheld
James*, a teacher, faced multiple convictions arising from separate Local Court matters between a three year period. After appealing to the District Court of New South Wales, the majority of convictions were quashed and replaced with non-conviction outcomes, preserving his professional future. We represented James in a severity appeal.
Case Summary of Severity Appeal
James was subject to multiple Local Court proceedings arising from separate incidents, largely connected to a neighbourly land dispute. The allegations included remaining on inclosed land without lawful excuse, breaches of licensed premises exclusions, intimidation and property damage. The Local Court recorded convictions and imposed adverse sentencing outcomes. Given his profession as a teacher, convictions placed his employment at serious risk. O’Brien Criminal & Civil Solicitors acted in a severity appeal before the District Court of New South Wales. The appeal was upheld, multiple convictions were quashed, and the remaining offence was dealt with without a conviction.
Detailed Overview
The charges involved offences under:
Originally, the Local Court recorded convictions and imposed penalties that significantly affected James’ legal and professional standing. For a teacher, a recorded conviction can jeopardise registration and employment.
Read our successful criminal case studies.
Lawyers for severity appeal in NSW
We acted in a severity appeal, which is an appeal to a higher court arguing that the sentence imposed was too harsh.
Comprehensive submissions were prepared addressing:
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The objective seriousness of the offences
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Errors in sentencing discretion
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The appropriateness of the orders made
After hearing detailed argument, the Court upheld the appeal and quashed the Local Court decisions. The outcome was substantially altered:
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All offences other than the intimidation charge were dismissed under section 10(1)(a) (meaning no conviction recorded)
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No convictions were recorded for those offences
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The remaining intimidation offence was dealt with by way of a Conditional Release Order (CRO) without conviction for 8 months
A Conditional Release Order is a good behaviour order. Importantly, it can be imposed without recording a conviction.
Outcome of Severity Appeal Case
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Severity appeal upheld
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Multiple convictions quashed
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Offences dismissed without conviction
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Remaining offence dealt with by non-conviction CRO
This was an excellent appellate result, eliminating the criminal consequences of the majority of offences and protecting James’ ability to continue working as a teacher.
Considering an Appeal? Contact our Sydney Criminal Lawyers
If you believe a sentence is too harsh or a conviction unfairly impacts your future, you may have grounds to appeal. Strict time limits apply.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office.
