Land and Environment Court > Types of cases > Class 6 and 7: criminal appeals from the NSW Local Court

When can an appeal against criminal conviction, sentence or dismissal be made?                

 

The time within which a defendant or prosecutor needs to appeal or apply for leave to appeal is stated in the statutory provisions giving the rights of appeal in the Crimes (Appeal and Review) Act 2001.  For example, a person who has been convicted and sentenced by the Local Court (otherwise than if the person was convicted in the person's absence or following the person’s plea of guilty) may appeal as of right but must appeal against the conviction or sentence within 28 days after the sentence was imposed (see s 31(2)(a) of the Crimes (Appeal and Review) Act

A person who has been convicted or sentenced in the person’s absence or following the person’s plea of guilty may not appeal as of right but may apply for leave to appeal against the conviction, but  only on a ground that involves a question of law alone, and the application for leave to appeal must be made within 28 days after the sentence was imposed (see s 32(4)(a)(i) of the Crimes (Appeal and Review) Act).

Provision is also made for defendants who did not appeal, or apply for leave to appeal, within the time periods specified to make late applications for leave to appeal, and the court may grant leave for late applications ( s 33(1) of the Crimes (Appeal and Review) Act). 

An application for leave to appeal needs to be made within 3 months after the conviction, sentence or order was imposed ( s 33(2) of the Crimes (Appeal and Review) Act.

 

 

 

 

 



 
 
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