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 Deadline

30+

Years DV Exp. (Solicitors + Barristers)

13+

NSW Courts

Expert

Appeal Focus

Types of Sentence Appeals

Expert 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.

Must be filed within 28 days of sentencing

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

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