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Criminal Jurisdiction - Appeals from the Local Court

The Crimes (Local Courts Appeal and Review) Act 2001 provides that any person who has been convicted or sentenced by a Local Court may appeal to the District Court. Section 11 allows 28 days to appeal as of right and section 13 allows for an appeal to be be made within 3 months by leave of the Court.

If you will are appealing within the 28 days, you will be required to complete a Notice of Appeal, which may be done at any Local Court. This Notice shows two grounds of appeal, that is "not guilty" or "severity". If you are applying outside of the 28 days, you will be required to complete an Application for Leave to Appeal.

An appeal is generally conducted by way of a rehearing of the evidence given in the original Local Court proceedings, although the Judge may allow fresh evidence to be given if considered appropriate.

The District Court may set aside or vary the sentence or order of the Local Court, or it may dismiss the appeal.


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