An appeal against a sentence is a legal process that allows a convicted individual to challenge the severity or legality of the sentence imposed by a court. The goal is to seek a more favorable outcome, such as a reduced sentence or a different type of penalty.
Yes, you can appeal your sentence even if you pleaded guilty. A guilty plea does not necessarily waive your right to appeal the sentence.
Common grounds for appealing a sentence include:
To appeal a local court conviction, you typically need to file a Notice of Appeal within a specified timeframe (often within 28 days of the conviction) and provide grounds for the appeal. The case will then be heard in a higher court.
Yes, you can appeal a conviction even if you pleaded guilty. It’s important to have valid grounds for the appeal, such as errors in legal procedures or evidence.
If you win your appeal, your conviction may be overturned, and you may be granted a new hearing, trial or a different outcome, depending on the circumstances.
Yes, you can appeal an AVO that has been issued against you. To do so, you must follow the legal procedures for appealing AVOs within the specified timeframe.
Common reasons for appealing an AVO include:
It’s crucial to abide by the terms of the AVO until the appeal is resolved. Violating the AVO during this period can lead to legal consequences. Consult with one of our lawyers for guidance on how to handle such situations during the appeal process.
Having a criminal record can affect many areas of your life. It can affect your employment as well as your ability to get certain licenses, for example, for a firearm. It can also have immigration consequences.
However, in NSW for most offences of less than 6 months imprisonment, the conviction will be considered “spent” after 10 years if you do not reoffend in that period.
In certain situations, a legal process called an appeal can lead to a modification of a sentence. An appeal involves a higher court reviewing an individual’s conviction and/or the sentence imposed by a lower court.