Appealing a Local Court decision to the District Court.

Who can appeal, and against what?

A person dealt with in the Local Court can appeal to the District Court against their conviction, against the sentence, or against both. A conviction appeal challenges the finding of guilt. A severity appeal accepts the conviction but argues the penalty was too heavy.

These are appeals as of right in most cases, meaning the person does not need permission to bring them within time. That makes the District Court appeal an important safeguard for people dealt with summarily.

The 28-day time limit

An appeal must generally be lodged within 28 days of the conviction or sentence. An appeal can still be made up to three months later, but only with leave of the District Court, and the person has to explain the delay. Acting within 28 days keeps the appeal as of right.

Because the period is short, advice soon after the Local Court result is important. Where a person was sentenced to a term of imprisonment, a bail application can be made pending the appeal so they are not in custody while it is heard.

How is the appeal heard?

A severity appeal, and most conviction appeals, are heard by way of a rehearing on the transcript and the material that was before the Local Court. The District Court judge reads the evidence and submissions and reaches their own decision. Fresh evidence can be admitted with leave in the circumstances the Act allows.

The judge sits alone, without a jury. The court can confirm the decision, or set it aside, and on a severity appeal can impose a different sentence. It is a genuine second look at the matter by a higher court.

Can the sentence go up?

Yes, and this is a real risk to weigh. On a severity appeal the District Court can increase the sentence, not only reduce it. The court must warn the appellant if it is considering a more severe sentence and give them a chance to withdraw the appeal.

That warning is a protection, but it means an appeal should not be brought without a clear view of the prospects. Advice on the merits, before lodging, is important, so the person understands both the upside and the downside.

Annulment is different

An appeal is not the only route. Where a person was dealt with in their absence, they can apply to the Local Court to have the decision annulled, which is a different process under the same Act. Our note on annulment applications explains when that is the right course.

For decisions of the higher courts, the pathway is different again, through the Court of Criminal Appeal. Our note on sentence appeals to the CCA covers that. Choosing the right pathway is the first decision to get right.

Frequently asked.

Can I appeal a Local Court conviction?

Yes. A person dealt with in the Local Court can appeal to the District Court against conviction, against sentence, or both, under the Crimes (Appeal and Review) Act 2001 (NSW). Most such appeals are as of right if lodged within time.

How long do I have to appeal?

Generally 28 days from the conviction or sentence. An appeal can be made up to three months later, but only with leave of the District Court and an explanation for the delay.

How is a District Court appeal heard?

Usually by way of a rehearing on the transcript and material that was before the Local Court, before a judge sitting alone without a jury. Fresh evidence can be admitted with leave in the circumstances the Act allows.

Can the District Court increase my sentence?

Yes. On a severity appeal the court can increase as well as reduce the sentence. It must warn the appellant if it is considering a heavier sentence and give them a chance to withdraw the appeal.

What if I was sentenced in my absence?

You may be able to apply to the Local Court to annul the decision, which is a separate process under the same Act, rather than appeal to the District Court.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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