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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. You will be able to appeal your decision before a different judge than the one you had originally
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:
- Make sure you have all documents and the necessary paperwork in front of you when appearing in court;
- Have a list of helpful dot points;
- Be sure to articulate yourself when speaking to the magistrate/judge; and
- 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.
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.
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