Appeals to the District Court should be lodged within 28 days of the Magistrate’s determination, but the time limit can be extended to three months under certain circumstances.
The hearing of an “All Grounds” or “Not Guilty” Appeal in the District Court is generally conducted by the Judge reviewing the transcript of the Local Court proceedings, examining the exhibits and hearing submissions. In some circumstances additional evidence may also be considered.
The hearing of a “Severity” Appeal is generally conducted by the Judge reviewing the prosecution facts and any exhibits tendered in the Local Court as well as considering any sworn evidence and additional material tendered on your behalf and hearing submissions from the prosecutor and your lawyer. It is often helpful for an Appellant to give evidence before the District Court, particularly on matters such as remorse, special circumstances, duress and, in appropriate cases, the need for a driver’s license.
The District Court considers both types of appeals on the evidence presented at the hearing of the appeal.
Appeals to the District Court require a high level of preparation and representation. We conduct them regularly and generally achieve positive results.
Contact us for a no obligation assessment of your chances of a successful appeal.