Do you need to appeal to the County Court from the sentence of a Magistrate? We can help you.
Appealing to the County Court from the sentence of a Magistrate is known as a County Court Sentence Appeal.
Doogue + George have extensive experience in handling County Court appeals. If you need advice or representation in an appeal, you need advice from expert appeals lawyers.
How a County Court sentence appeal works
An appeal from the Magistrates Court is initiated by signing Appeal papers at the Criminal Registry office of the Magistrates Court. The appeal notice must be filed within 28 days of the hearing appealed from.
The appeal notice must be filed within 28 days of the hearing that is being appealed
The Sentence Appeal is heard in the County Court as “hearing de novo”. This means effectively a rehearing of the case. The summary of what the Prosecution say happened is read out and submissions are made by your lawyer.
It is often a good procedure to get a transcript of the Magistrates Court hearing you went through. This allows your Appeal lawyer to see if there was anything that was missed by the lawyer in the Magistrates Court.
On a County Court appeal you can provide the Judge with new material so it is important to be organised. Your outcome is always improved if all the important information about your case is presented in a structured way to the Judge.
The County Court when hearing appeals from the Magistrates Court does not like the matter being adjourned as often as would be possible in the Magistrates Court. It is important to be organised and ready to go.
At the start of the appeal the Judge will generally have a call-over of the matters in their list to see how long they will go for and to prioritise them.
At the end of the appeal the County Court Judge can set aside the decision of the Magistrate and impose their own sentence or they can dismiss the appeal.