{"id":5258,"date":"2026-02-05T15:04:36","date_gmt":"2026-02-05T15:04:36","guid":{"rendered":"https:\/\/krayemandco.com.au\/staging2026\/?page_id=5258"},"modified":"2026-03-15T06:36:07","modified_gmt":"2026-03-15T06:36:07","slug":"appealing-from-the-local-court-to-the-district-court","status":"publish","type":"page","link":"https:\/\/krayemandco.com.au\/staging2026\/appealing-from-the-local-court-to-the-district-court\/","title":{"rendered":"Appealing from the Local Court to the District Court"},"content":{"rendered":"\t\t
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Home > \r\nAppealing from the Local Court to the District Court<\/p>\r\n

Appealing from the Local
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If you believe the local court outcome was either unfair or wrong, you have the right to lodge an appeal to the District Court of NSW under section 11 Crimes (Appeals and Review) Act 2001 (NSW).<\/p>

A successful appeal to the District Court can result in the local court Magistrate\u2019s orders being set aside, which means an acquittal by quashing the guilty verdict and dismissing the charge(s) or a lesser penalty on sentence, including a section 10 dismissal (non-conviction).<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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There are 3 kinds of appeals to the District Court:<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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  1. Conviction appeal: where you appeal the local court Magistrate\u2019s decision to find you guilty.<\/li>
  2. Severity appeal: where you appeal the severity of the sentence imposed by the local court Magistrate.<\/li>
  3. All grounds appeal: where you lodge both a conviction appeal and severity appeal.<\/li><\/ol>


    The appeal will be a rehearing of all the evidence that was already given in the local court.<\/p>

    An appeal to the District Court is not to determine whether the Magistrate got it wrong, instead, the whole evidence that was given in the local court will be reviewed by a fresh pair of eyes by a District Court Judge who will come to his\/her own conclusion.<\/p>

    For more information on appeals to the District Court, see below our frequently asked questions.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    What is the time limit and process of lodging a District Court appeal? <\/div><\/span>\n\t\t\t\t\t\t\t\n\t\t\t<\/path><\/svg><\/span>\n\t\t\t<\/path><\/svg><\/span>\n\t\t<\/span>\n\n\t\t\t\t\t\t<\/summary>\n\t\t\t\t
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    If you wish to appeal against the sentence imposed by the local court Magistrate, you have within 28-days from your sentence date to lodge a severity appeal.<\/p>

    If you wish to appeal against the local court Magistrate\u2019s finding of guilt, you have within 28-days from your sentence date to lodge a conviction appeal.<\/p>

    You will need permission from the District Court to make a conviction appeal (by applying for leave to appeal conviction within 28-days from your sentence date) if:<\/p>