In NSW, everyone sentenced or found guilty in the Local Court has a right of appeal to the District Court. This appeal can be against the sentence imposed, or against the magistrate’s decision to find you guilty after pleading not guilty.

Appeals must be lodged within 28 days, or in certain cases within 3 months with the ‘leave’ of the District Court.

Can I Present New Evidence on my Appeal?

If you are appealing the sentence, you can present any fresh evidence you want without asking the court to give you permission, or grant ‘leave’. For example, you might have taken substantial steps since being sentenced in the Local Court and tendering an updated report or reference might assist your prospects on appeal. Alternatively, you might give oral evidence in the District Court to supplement the evidence you previously gave in the Local Court.

If it is an appeal against being found guilty after a hearing, you can only present fresh evidence if the court grants you permission, or ‘leave’. Otherwise the appeal will be on the transcript of the evidence given in the Local Court.

Can I get a worse sentence on appeal?

Technically, yes. However, if the judge is considering increasing your sentence on appeal, as a matter of fairness the judge will warn you or your lawyer that is what they are considering. This is called a ‘Parker Warning’. Once the warning is given, you have the opportunity to withdraw the appeal.

What about licence disqualifications? Do they continue to run whilst I am waiting for my appeal?

This depends on whether you were suspended by the police for your traffic offence when charged.

If you were suspended on the spot by police, and then disqualified in the Local Court, lodging an appeal to the District Court will not stop or ‘stay’ the disqualification.

However, if there was no police suspension before you were disqualified in the Local Court, lodging the appeal will generally stay the disqualification. You can then re-apply for a fresh licence with the RMS and drive until the appeal is heard.

For more information on appeals, see our Appeals page.

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