Appeals

You have 28 days to lodge a Notice of Appeal upon your conviction in the Local Court. You can appeal your conviction, your sentence, or both. The matter will be heard by a single judge and the hearing is conducted “on the papers.” This means that the transcript from the Local Court hearing will be provided to the Court and all parties. Typically, no further evidence will be adduced, however, in certain circumstances the Court may allow fresh evidence if it is in the interests of justice.

The parties will attend a “callover” and dates for the filing and service of written submissions will be given. Once the material has been provided to the Court, the matter will get a hearing date. At the hearing, the judge will read the written submissions and hear any further oral submissions, or fresh evidence if required. Usually, the judge will finalise the appeal on the date of the hearing.

You have 28 days to lodge a Notice of Intention to Appeal upon your conviction in the District or Supreme Court. Once the Notice of Intention to Appeal is lodged, you have 12 months to lodge a Notice of Appeal.

You can appeal your conviction, your sentence, or both. Your Notice must stipulate the type of appeal you are making. Once the Notice of Appeal is lodged, the Court will allocate a date for “callover.” On that date, the Court will make orders for the dates that the parties must file and serve their written submissions with respect to the appeal.

The hearing will usually be heard by three judges in Sydney. Mostly, the hearing will take no more than half a day. At the hearing, the judges will read the written submissions of both parties and hear any further oral submissions.

The Court will always adjourn to consider their decision. Oftentimes, the timeframe from the date of lodging the Notice of Appeal until the Court of Criminal Appeal decision is at least six months but can be over a year.

To appeal to the High Court of Australia you must be granted special leave. The Court will consider the following as to whether special leave is granted:

• Whether the proceedings involve a question of law which is of public importance, or in respect of which a decision by the High Court, as the final appellate Court, is required to resolve differences of opinion between different Courts, or within the one Court, as to the state of the law; and
• Whether the administration of justice, either generally or in the particular case, require consideration by the High Court.

You have 28 days to lodge the application for special leave upon the lower Court’s judgment.

The application must be typed, no more than 12 pages, and a minimum of 12-point font. You must include the following material:

• The indictment;
• The transcript of the entry of the plea of guilty or summing up or charge;
• The transcript of the entry of the verdict;
• The judge’s remarks on sentence;
• The Notice of Appeal or application for leave to appeal to the Court below;
• The sealed order or judgment of the Court below; and
• The reasons for the judgement of the Court below.

The application for special leave costs $160 to lodge.

The hearing can be heard “on the papers” if it is deemed appropriate. What this means is that two High Court judges will consider your matter without an oral hearing. If this happens you will be told when and where the decision in your case is being delivered.

Usually, the High Court will hear oral submissions from all parties. It is rare for the High Court to give its decision on the hearing date. Rather, the decision is usually reserved and handed down at a later time. Decisions of the High Court are binding on all other Courts throughout Australia.