Appealing Convictions
Lamont Law is very experienced in representing clients for appeals from the Local Court to the High Court of Australia.
If you were unfairly found guilty in court or your penalty was too severe, call us anytime on 1300 365 075 to book a free initial consultation.
Our lawyers have a proven track record of excellence for appealing convictions.
Contact UsFrequently Asked Questions
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An appeal against conviction in the District Court proceeds by way of a rehearing on the evidence which was submitted in the Local Court proceedings i.e. transcript. In some circumstances, new evidence can be submitted in the District Court. The appeal needs to be made within 28 days from the Local Court decision, or within 3 months if leave is granted by the District Court. Once a notice of appeal is lodged your sentence is stayed until your appeal is determined in the District Court.
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A sentence appeal is an appeal against the severity of a sentence imposed in the Local Court.The appeal needs to be made within 28 days from the Local Court decision, or within 3 months if leave is granted by the District Court. The judge will read the bundle of documents that were before the Local Court magistrate, which will include a facts sheet, your criminal and traffic record and any subjective materials which were tendered on your behalf. The normal practice is that you will give oral evidence and your lawyer will ask you questions. The DPP will also have an opportunity to cross examine you if you do give evidence. Both your lawyer and the DPP then make submissions and the judge will then make orders either to set aside and vary the sentence or dismiss your appeal.
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If you did not attend court when you were required to and a conviction and penalty were imposed in your absence, it is possible to appeal and annul that decision. An annulment application must be made within 2 years of the conviction. The Court must grant your application for annulment if it is satisfied that you were not aware of the original proceedings; you could not attend proceedings due to ill health, accident, misadventure or other significant cause; or that is would otherwise be unjust.
Why Choose Lamont Law
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Excellent Record of Success
Our lawyers at Lamont Law specialise in criminal law and we will expertly guide you through the criminal justice system. We will ensure that you receive the strongest representation and we are determined to protect your rights. Our lawyers have a proven track record of excellence.
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Highest Level of Service
We pride ourselves on providing expert legal advice and the highest level of service. All of our staff members are exceptionally friendly. You will be consulted consistently throughout the process and we will answer any and all of the legal questions which you may have. Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales in a variety of different matters. We have a high level of success rate and hundreds of positive online reviews.
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Local Professionals in your Community
Our lawyers appear in court everyday. We are familiar with local court magistrates. We know how to prepare your matter to obtain the best possible outcome.
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All Courts
Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales.
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Flexible Initial Conference Options
We provide flexible conference options over the phone, video or in person at our office locations across Sydney, the Hunter Region, the North Coast and the Central Coast.
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Flexible Payment Options
We provide affordable fixed fees and payment plans for several kinds of matters. Call us now for a free and no obligation discussion.