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ARTICLE · 09 FEBRUARY 2024

Could I get a harsher penalty if I appeal a decision in NSW?

Outlines the process in NSW of appealing to higher courts, as well as electing to have traffic offences heard in court.

AustraliaLitigation, Mediation & Arbitration

If you're disappointed by an outcome of a criminal case in court, or you've received a hefty penalty notice for a traffic or minor criminal offence, you may be tempted to appeal a decision or, in the case of a penalty notice, elect (choose) to have the matter heard in court.

But are you putting yourself at risk of an even worse outcome?

The following outlines the process of appealing to higher courts as well as electing to have traffic offences heard in court.

Appeals from Local Court to the District Court

Cases decided in the Local Court are usually appealed to the District Court of New South Wales, either against the conviction (a finding of guilt after a defended hearing) or the sentence (the penalty) received after a plead of guilty or finding of guilt.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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