If you’ve been convicted or sentenced in NSW and believe there was an error, you have the right to appeal. Appeals are not a second trial but a review of whether the trial was conducted fairly and whether the sentence was appropriate. NSW courts examine legal errors, procedural unfairness, evidentiary issues, and whether the conviction was unreasonable across all levels of criminal jurisdiction.
This factsheet explains the different types of criminal appeals in New South Wales, the courts that hear criminal matters, the grounds on which you can appeal, strict time limits, and the costs and risks you should understand before deciding whether to appeal.
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Key Takeaways
- NSW has two main appeal pathways: from the Local Court to the District Court, and from the District Court to the NSW Court of Criminal Appeal (CCA).
- Time limits are strict: 6 months for Local Court appeals to the District Court. For CCA appeals, timing depends on the type of appeal — in many cases 28 days, but the applicable period varies. Seek advice immediately once you have a notice of intention to appeal.
- A Local Court appeal to the District Court proceeds as a re-hearing, the District Court is not bound by the Local Court’s findings and makes its own decision on the evidence.
- The Court of Criminal Appeal does not rehear cases. It reviews legal errors, procedural unfairness, and evidentiary issues from the original court proceeding.
- Fresh evidence or new evidence, is rarely admitted by the CCA. It must be credible, relevant, not available at trial, and capable of affecting the verdict.
- Severity appeals are generally considered more likely to succeed than conviction appeals, though outcomes depend on the specific facts and grounds. Courts may also increase a sentence imposed on a severity review.
- Appeals can be expensive. Costs vary by complexity; indicative ranges are $5,000–$15,000 for Local Court appeals and $15,000–$40,000+ for CCA matters, but these are not fixed figures.
- It is strongly advisable to obtain an assessment from a specialist barrister on whether your appeal has reasonable prospects before committing to the process.
- O’Brien Criminal & Civil Solicitors have extensive experience in criminal matters and criminal appeals across all New South Wales jurisdictions.
Act Quickly If You Are:
- Convicted in the Local Court and considering whether to file an appeal to the District Court
- Sentenced in the District Court and believe the sentence imposed was manifestly excessive or wrong in principle
- Approaching a time limit, 6 months (Local Court appeal) or 28 days (CCA appeal) or considering filing a notice of intention to appeal
- Seeking leave to grant an appeal to the Court of Criminal Appeal on significant legal issues or procedural grounds
- In possession of new evidence that was not available at your original trial
- Facing a severity appeal brought by the prosecution
Do not delay. Call O’Brien Criminal & Civil Solicitors on 02 9261 4281 immediately.
Types of Appeals and Appeal Courts
NSW has two main appeal pathways. From the Local Court, you can appeal to the District Court on conviction or sentence, or both. The District Court conducts a re-hearing, it is not bound by the Local Court’s findings and makes its own decision on the evidence. From the District Court (or higher Local Court sentences), you can appeal to the Court of Criminal Appeal (CCA), which reviews legal errors and procedural fairness but does not conduct a fresh hearing.
The CCA panel comprises three judges hearing the matter, who review written submissions, including appeal books, and decide whether to hear oral arguments. Their role is not to substitute their view of the facts for the trial judge, but to identify legal matters involving errors or procedural unfairness that affected the outcome. In matters involving questions of law of particular complexity or public importance, five judges may be convened.
Grounds for Appeal and Time Limits
Conviction appeals must demonstrate one or more of the following grounds:
- A legal error at trial
- Procedural unfairness
- An unreasonable verdict
- Misdirection by the judge to the jury
Sentence appeals argue that the sentence imposed is manifestly excessive or was imposed contrary to a principle of sentencing law.
Time limits are strictly enforced and extensions are rarely granted. The table below summarises the key time limits and courts:
| Appeal Type | Court | Time Limit |
| Local Court conviction or sentence appeal | District Court | 6 months from conviction or sentence |
| District Court conviction or sentence appeal | Court of Criminal Appeal | Strict, varies by appeal type; often 28 days. Seek advice promptly. |
| Severity review (prosecution appeals sentence) | Court of Criminal Appeal | Strict, varies by appeal type; often 28 days. Seek advice promptly. |
Local Court to District Court Appeals
If you were convicted in the Local Court, you can appeal to the District Court. The District Court conducts a re-hearing, it is not bound by the Local Court’s findings and makes its own assessment of the evidence. Depending on the outcome, the District Court judge can uphold the conviction, quash it, or order a new trial.
Appeals against sentence imposed in the Local Court go to the District Court judge for reconsideration. The judge is not bound by the original sentence and can increase or decrease it. The 6-month time limit is calculated from the date of conviction or sentence and is strictly enforced.
Because the District Court proceeds as a rehearing, your legal representation must be prepared to present the case afresh. Evidence that was not persuasive at first instance may be better presented with experienced advocacy, and the overall approach to the hearing can be reconsidered in light of what occurred at the original court proceeding.
Court of Criminal Appeal Process and Fresh Evidence
The New South Wales Court of Criminal Appeal (CCA) reviews District Court decisions on legal and procedural grounds. This is a complex process, time limits are strict, and the applicable period depends on the type of appeal, whether it is an appeal as of right, an application for the grant of leave, or a severity appeal. In many cases, the period can be as short as 28 days. Leave must be obtained before the appeal proceeds. The CCA does not call witnesses, receive oral evidence, or conduct a fresh hearing.
New evidence is rarely admitted by the CCA. To be admitted, it must meet all of the following criteria:
- It must be credible
- It must be relevant to the conviction or sentence
- It must not have been available at trial with the exercise of reasonable diligence
- It must be capable of having affected the verdict or sentence
The CCA panel comprises three judges hearing the matter, who first review written submissions and appeal books. If leave is granted, oral submissions follow. Most appeals are determined on written submissions alone. Mixed questions of fact and law are among the most common grounds advanced. The CCA may allow the appeal, dismiss it, or in limited circumstances, order a retrial.
Sentencing Appeals and Severity Review
If you consider your sentence manifestly excessive, you can appeal to the CCA (from the District Court) or to the District Court (from the Local Court). The appeal court reviews whether the sentence is within the accepted legal range and whether sentencing principles were properly applied.
Courts are reluctant to interfere with sentencing decisions unless there is clear error — manifest excess, a sentence wrong in principle, or a failure to take into account a relevant consideration. The sentence does not have to be the sentence the appeal court would have imposed; it must be demonstrably outside the accepted range.
Sentencing appeals carry a specific risk: on a severity review, if you argue the sentence is too high and the court disagrees, it may increase the sentence. This risk must be carefully assessed by an experienced barrister before any appeal against sentence is lodged.
Sentencing appeals are sometimes considered to have stronger prospects than conviction appeals, particularly where the original sentencing judge failed to take into account significant mitigating factors, gave insufficient weight to rehabilitation, or applied the wrong sentencing range. Outcomes vary and depend on the specific facts and grounds advanced.
Costs and Risks of Appealing
Appeals can be expensive and most are dismissed. Before committing to an appeal, you should understand both the likely financial cost and the legal risks involved. The figures below are indicative only, actual costs vary significantly depending on complexity, the number of grounds, and how the matter progresses.
| Appeal Pathway | Estimated Legal Costs | Key Risk |
| Local Court to District Court | $5,000–$15,000 | Adverse costs order if dismissed |
| Court of Criminal Appeal | $15,000–$40,000+ | Adverse costs; risk of increased sentence on severity review |
Before appealing, it is strongly advisable to obtain a realistic assessment from a specialist barrister on whether your appeal has reasonable prospects of success. Most appeals are dismissed, and in a severity review there is a real risk that the court increases your sentence. These risks should be weighed carefully against the potential benefit of a reduced sentence or acquittal.
Frequently Asked Questions (FAQs)
How long do I have to file an appeal?
From the Local Court, you have 6 months to lodge a notice of appeal in the District Court. For CCA appeals from the District Court, time limits are strict and depend on the type of appeal, whether it is an appeal as of right, an application for leave, or a severity review. In many cases the applicable period is 28 days, but this can vary. Seek legal advice immediately rather than assuming a fixed time limit.
Will an appeal mean a second trial?
If you appeal to the District Court from the Local Court, the District Court conducts a fresh hearing, it is not bound by the Local Court’s findings and reaches its own decision on the evidence. If you appeal to the CCA from the District Court, there is no fresh hearing, the judges review the legal conduct of the original trial and do not hear witnesses or receive fresh evidence unless strict criteria are met.
Can fresh evidence help my appeal?
Yes, but only if it meets all four criteria: it must be credible, relevant, not available at trial with the exercise of reasonable diligence, and capable of having affected the verdict or sentence. All four criteria must be satisfied. The threshold is high.
What if my sentence is increased on appeal?
This risk exists in severity reviews. If you appeal arguing your sentence is too high and the court disagrees, it has the power to increase the sentence. This risk must be carefully assessed by an experienced barrister before any sentence appeal is lodged.
How much does an appeal cost?
Costs vary significantly depending on complexity. As a general and indicative guide, Local Court appeals to the District Court may cost in the range of $5,000–$15,000, and Court of Criminal Appeal matters may cost $15,000–$40,000 or more. These are not fixed figures, the actual cost depends on the number of grounds, the complexity of the legal issues, and how the matter progresses. Obtain a fee estimate from your legal team before committing.
What happens if I lose my appeal?
If you lose, your conviction or sentence stands. In some circumstances the court may order you to pay some of the prosecution’s legal costs. The appeal process also takes time, during which, if you are in custody, you remain imprisoned. These factors must be weighed carefully before deciding to appeal.
How O’Brien Criminal & Civil Solicitors Can Help
O’Brien Criminal & Civil Solicitors have extensive experience in criminal appeals across all NSW jurisdictions, from Local Court appeals to the District Court through to complex CCA matters involving multiple grounds of appeal.
We understand both the technical legal requirements and the strategic decisions involved in criminal appeals. We work with specialist barristers to assess whether an appeal has reasonable prospects, identify the strongest grounds, and prepare comprehensive written submissions. Where prospects are limited, we will tell you honestly rather than encourage costly litigation with a low chance of success.
Whether you are considering a conviction appeal, a sentence appeal, or have been served with a severity review by the prosecution, we provide strategic and experienced representation from the outset.
Call O’Brien Criminal & Civil Solicitors on 02 9261 4281 or enquire online for a confidential consultation.
