District Court appeals, trials and serious charges
If you want to appeal a Local Court decision, or you face a serious charge in the District or Supreme Court, you need someone who has stood up in those courts many times. John was called to the NSW Bar in 2002 and has appeared as counsel in hundreds of trials in the District and Supreme Courts.
Dr John Weir, Accredited Specialist in Criminal Law- How long do I have to appeal?
- 28 days from the Local Court decision as of right. Between 28 days and 3 months you need the District Court's leave. After 3 months there is no appeal to the District Court.
- Can my sentence go up on appeal?
- Yes, it can. John will tell you if that risk is real before you file.
- Is a conviction appeal a new trial?
- Usually not. The judge reviews the evidence from the Local Court, with new evidence allowed only in some cases.
- Who decides a District Court trial?
- A jury, or a judge alone if the court makes that order.
What John handles in the higher courts
Appeals from the Local Court and serious charges that go before a judge and jury.
- Sentence appeals
- Conviction appeals
- Licence disqualification appeals
- District Court jury trials
- Judge-alone trials
- Committal and case conferencing
- District Court sentences
- Supreme Court matters
How a Local Court appeal works
- 1
Get advice quickly
The 28 day time limit runs from the decision, so call John as soon as you can.
- 2
Assess the appeal
John reviews the outcome, the transcript and the material that was before the Local Court, and tells you honestly whether the appeal has prospects and any risks.
- 3
Lodge the appeal
The notice of appeal is filed at a Local Court registry. An appeal lodged within 28 days stays the sentence, including a licence disqualification imposed by the court, until the appeal is heard. If you are serving full-time custody, you need to apply for bail.
- 4
Prepare
For a sentence appeal, John gathers fresh references, reports and evidence of what has changed. For a conviction appeal, he prepares submissions on the evidence.
- 5
The appeal hearing
A District Court judge hears the appeal and decides whether to confirm, change or set aside the Local Court's decision.
What John does in the higher courts
- Advises on prospects and risks before you appeal
- Prepares and argues sentence and conviction appeals
- Runs case conferencing on serious charges
- Defends jury and judge-alone trials
- Cross-examines prosecution witnesses
- Prepares sentence cases in the District Court
Dr John Weir
Accredited Specialist in Criminal Law
Over 30 years in court, as prosecutor, Legal Aid solicitor, barrister and solicitor advocate.
Call JohnQuestions people ask
Related
Criminal charges
If you have been charged with a criminal offence, John can advise you before your first court date and represent you from the first mention to the end of the case.
Criminal chargesAll driving offences
In the Riverina, losing your licence can mean losing your job.
All driving offencesBail and custody
If police have refused bail, the person must be brought before a court as soon as practicable, and that first appearance is the time to apply for bail.
Bail and custodyTalk to John about your matter.
Call now, or leave your number and the court, and John will call you back. [Call back timing]
0429 452 225jw@johnweir.com.auPO Box 469, Wagga Wagga NSW 2650