Defended hearings in the Local Court
Summary matters are heard by a magistrate without a jury. Preparation includes obtaining and testing the prosecution evidence, identifying defence witnesses and material, raising issues about the admissibility of evidence and preparing for cross-examination.
Trials in the District and Supreme Courts
Indictable matters that proceed to trial are generally heard by a judge and jury. We manage pre-trial disclosure obligations, pre-trial applications and the preparation of the defence case, working closely with trial counsel.
Appeals from the Local Court
A person convicted or sentenced in the Local Court can generally appeal to the District Court as of right within 28 days. Later appeals require leave and are subject to time limits. On a sentence appeal, the District Court can increase as well as reduce the sentence, so the risks need to be assessed before an appeal is lodged.
Appeals to the Court of Criminal Appeal
Appeals from the District and Supreme Courts are heard by the Court of Criminal Appeal. A notice of intention to appeal must ordinarily be filed within 28 days of the conviction or sentence. An appeal requires identifying an error, which means reviewing the judgment, transcript and exhibits closely.
Our work
- Local Court defended hearings
- District Court and Supreme Court trials
- Conviction and sentence appeals to the District Court
- Court of Criminal Appeal appeals and advice
- Advice on appeal prospects, risks and deadlines
- Annulment and review applications
Frequently asked questions
Can my sentence be increased if I appeal?
In a District Court appeal against a Local Court sentence, yes. The court can increase the sentence, and you may be warned of that possibility during the appeal. We advise on this risk before any appeal is lodged.
I missed the 28-day appeal deadline. Can I still appeal?
Possibly. For appeals from the Local Court, an application for leave can generally be made within three months of the decision. Some other deadlines can be extended in limited circumstances. Seek advice quickly.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.