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PRACTICE AREA

Sentence Appeal Lawyers Sydney

If you are considering an appeal against sentence, Principal Solicitor Joshua Jung can assess the available pathway, applicable time limits and prospects based on the record of your matter.

28

Day Window (General)

Criminal

Law Only

NSW

Courts Across the State

Focused

Appeal Focus

Types of Sentence Appeals

Information about common sentence appeal pathways in New South Wales

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 limits may apply. Request an initial discussion about your circumstances.

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.

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Call Joshua – 0410 630 671