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ARTICLE · 19 AUGUST 2022

How to apply for an annulment application in NSW: Everything you need to know

O'Brien Criminal & Civil Solicitors
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An annulment application can be made by the defendant who has been convicted or sentenced, or the prosecutor.

AustraliaLitigation, Mediation & Arbitration
Peter O'Brien
Peter O'Brien
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What is an annulment application?

If you do not appear in Court for your Hearing or Sentence, the Local Court can still convict and/or sentence you under s 196 of the Criminal Procedure Act 1986 (NSW). If you are not at Court when a sentence or conviction is imposed, you can make an Annulment Application under s 4 of the Crimes (Appeal and Review) Act 2001 ('the Act') to have the decision reversed.

Who can make an annulment application?

An application can be made by the Defendant who has been convicted or sentenced, or the prosecutor. A Defendant cannot make an application if they have written to the court pleading guilty and asked to be sentenced in their absence under s 182 of the Criminal Procedure Act 1986 (NSW).

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