Appeals

Austere Legal specialise in all appeals, whether they be appeals from the Local Court to the District Court, or from the District Court/Supreme Court to the Supreme Court or the highest court in the state, the Criminal Court of Appeal.

Severity Appeals, Conviction Appeals and All Grounds Appeals

There are a few types of appeals. Generally speaking, when appealing from the Local Court to the District Court, depending on whether you have plead guilty or not in the Local Court, you can appeal on:

1. A Severity Appeal basis (that the penalty you received was too severe);
2. Conviction Appeal (appealing a conviction in the Local Court), or
3. All Grounds Appeal (a combination of the above).

Note with the above appeals, they must be filed within 28 days from the date you are convicted in the Local Court. If the appeal is filed outside the 28 days, leave (or permission) will need to be sought to the court, explaining why the appeal was filed out of time.

Annulment Applications

If you do not attend court, the court can convict you in your absence, including imposing a fine. Austere Legal specialise in Annulment Applications. There are multiple grounds in which you can conduct Annulment Applications, including mistaking the date you were supposed to attend court, illness, or your lawyer forgot the date. In these situations, we can advise you whether there is any merit in running the Annulment Application.

Supreme Court Appeals and Court of Criminal Appeals

When there has been a misapplication or jurisdictional error of law, the Court of Criminal Appeal (CCA) hears appeals from the District Court and Supreme Court.

Appeals in the Supreme Court and Court of Criminal Appeal are generally conducted by our office instructing a barrister. We have a range of barristers readily available to appear in these appeals, depending on the type of case.

The effect of these appeals, similar to appeals from the Local Court to the District Court, can be:

• Reducing your penalty/time in gaol
• Overturning or quash your conviction
• And in some instances, if there is a Crown appeal, increase your penalty/time in gaol

Austere Legal provides sound and measured advice as to whether there are any grounds available to you on appeal. We ensure your case receives the attention it needs, leaving no stone unturned.