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Our track record of successful appeals at every level is your path to justice

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If you believe a legal error or unfair decision has affected your case, our expert criminal lawyers are here to help. Filing an appeal is your opportunity to challenge the outcome of a District or Supreme Court decision and seek a fair resolution. With a deep understanding of appeals law and a proven track record, Jameson Law ensures your case is meticulously prepared to maximise your chances of success. Trust us to provide the strategic guidance and unwavering support you need.

I Need To Appeal My Case

Am I able to appeal a decision made in either the Magistrate’s Court (Local Court) or the Supreme Court?

Yes! You always have the option of reviewing a decision made in any court by appealing the decision in the next highest court. For example, if you wanted to appeal a decision made in the Magistrate’s court, you would appeal it in the Supreme Court. Appeals are not granted automaticaly, and you will need to meet a certain criteria.

Elements Required to Successfully File an Appeal

Appealing a court decision is not automatic and requires specific legal grounds to be met. To file an appeal, you must demonstrate that there were errors in the original trial or sentencing. These errors may include misapplication of the law, procedural irregularities, or a decision that is unreasonable based on the evidence presented. Appeals are not a retrial; instead, they focus on reviewing the legal principles and processes of the original decision. Consulting an experienced appeals lawyer ensures your case meets the necessary criteria and strengthens your chances of success.

Do I need a criminal lawyer Sydney or can I appeal the decision myself?

You can either have a lawyer appeal your decision for you or you can represent yourself, the decision is entirely pursuant to your circumstances at the time. If you have the means to pay a lawyer to represent you, then this is ultimately the best course of action. If you do not have exceptional circumstances, some magistrates will frown upon self-representation as a waste of the court’s time. In genuine circumstances, they may offer some leniency administratively, but seek the same justice at the end of the day. A lawyer will be able to pinpoint and articulate your main arguments and help you persuade the court of your position.

In the event you decide to represent yourself, seeking some initial legal advice could be beneficial. The following are some helpful tips:

  1. Make sure you have all documents and the necessary paperwork in front of you when appearing in court;
  2. Have a list of helpful dot points;
  3. Be sure to articulate yourself when speaking to the magistrate/judge; and
  4. Be sure to maintain eye contact.

There are several more strategies which you can utilise but the above are some useful tips that are specific to almost every scenario. If you require strategies more specific to your personal circumstances then seek legal advice.

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What if my appeal is unsuccessful?

You can appeal the decision of any court until such time as it reaches the high court of Australia. This is the highest court in the country and once they make their decision, no further appeals are able to be made.

It is important to recognise that by the time your matter has reached the high court, it has already been reviewed by more than one court by judges and magistrates who have significant experience. The High Court is made up of 7 senior judges who have experience across all areas and aspects of law.

Disclaimer

The above is general legal information and should not be considered legal advice. You should speak with one of our criminal defence lawyers for legal advice tailored to your specific legal matter.
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FAQs

Frequently Asked Questions.

The process begins with filing a notice of appeal, outlining the grounds for your challenge. This is followed by preparing court documents, presenting arguments, and attending hearings. Consulting an experienced lawyer ensures compliance with strict deadlines and procedures.

Yes, you can appeal if there are legal errors, procedural issues, or if the decision is considered unreasonable or unjust. Speak with an appeals lawyer to evaluate the merits of your case.

The time limit varies based on the jurisdiction and type of case. Generally, you must file an appeal within 28 days of the judgment. Consult a lawyer immediately to avoid missing deadlines.

 

Grounds for appeal include errors in law, incorrect application of legal principles, procedural unfairness, or new evidence that significantly impacts the outcome of the case.

If your appeal is successful, the court may overturn the original decision, reduce the sentence, or order a retrial. The outcome depends on the specifics of your case.

Yes, you can appeal a sentence if you believe it is excessive or inconsistent with legal principles. An experienced appeals lawyer can assess whether your case has strong grounds for a sentence appeal.

 

District Court appeals typically involve lower-level criminal and civil cases, while Supreme Court appeals address more serious matters, including reviews of District Court decisions. The rules and procedures differ for each.

The cost of an appeal varies depending on the complexity of the case and legal representation required. Speak with your lawyer for a transparent estimate tailored to your circumstances.

While not mandatory, having an experienced lawyer significantly improves your chances of success. Appeals require in-depth knowledge of legal procedures, persuasive argumentation, and attention to detail.

 

The likelihood depends on the strength of your grounds for appeal, the evidence presented, and the court’s discretion. Your lawyer can provide an assessment based on your case’s specifics.

 

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Bankstown Local Court

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Blacktown Local Court

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