PRACTICE AREA
Sentence Appeal Lawyers Sydney
Was your sentence too harsh? Our appeal lawyers assess the merits of severity appeals and fight to have excessive sentences reduced in the District Court and Court of Criminal Appeal.
28
Day Window (General)
Criminal
Law Only
NSW
Courts Across the State
Focused
Appeal Focus
Types of Sentence Appeals
Experienced representation for all sentence appeal matters in NSW
Local Court Severity Appeals
Appeals to the District Court against sentences imposed in the Local Court that are considered manifestly excessive or inappropriate.
Generally within 28 days; leave may be sought up to 3 months
Grounds for Appeal:
- Sentence manifestly excessive
- Failure to consider subjective factors
- Error in applying totality principle
- Parity with co-offenders
District Court Severity Appeals
Appeals from the District Court to the Court of Criminal Appeal where the sentence imposed is argued to be excessive.
Requires leave of the CCA
Grounds for Appeal:
- Manifest excess
- Error of principle
- Material factual error
- Failure to apply discount
Crown Appeals Against Sentence
The Crown can appeal a sentence as being inadequate or manifestly inadequate, seeking a more severe sentence.
Court may increase the sentence
Grounds for Appeal:
- Sentence within range
- Subjective factors properly considered
- No error of principle
- Double jeopardy considerations
Guideline Judgments
Where sentencing was inconsistent with established guideline judgments or sentencing patterns for similar offences.
Resentencing according to proper principles
Grounds for Appeal:
- Distinguishable circumstances
- Proper exercise of discretion
- Unique subjective factors
- Changed sentencing landscape
Get Sentence Appeal Advice
Time is critical. Contact us today for a free assessment
Request a Confidential Callback
Provide a few basic details and the firm will contact you as promptly as availability permits. For urgent matters, call Joshua directly on 0410 630 671.