How to file a Notice of Appeal in the NSW Court of Criminal Appeal
Appeals from conviction or sentence in the NSW District or Supreme Court go to the Court of Criminal Appeal (CCA). A Notice of Intention to Appeal must be filed within 28 days of conviction or sentence under the Criminal Appeal Act 1912 (NSW) and the Criminal Appeal Rules. Leave is required to appeal sentence.
The framework
Criminal Appeal Act 1912 (NSW); Criminal Appeal Rules (NSW); Criminal Procedure Act 1986 (NSW).
The process
Identify the right to appeal
Under section 5 of the Criminal Appeal Act 1912 (NSW), a convicted person may appeal against conviction on a question of law, or with leave on a question of fact or mixed fact and law, or against sentence.
Act within time
A Notice of Intention to Appeal must be filed within 28 days of conviction or sentence. Extensions of time require leave under Rule 3B of the Criminal Appeal Rules.
File the Notice of Intention to Appeal
Lodge the Notice of Intention with the CCA Registry at the Supreme Court of NSW. This preserves appeal rights while preparing grounds.
Obtain the transcript and exhibits
Order the trial transcript, exhibits and sentencing remarks through the Registry. These form the Appeal Book under Rule 23A.
Draft grounds and written submissions
Each ground must be specific. Typical grounds include miscarriage of justice (section 6(1)), unreasonable verdict, error of law, and manifest excess of sentence under House v The King principles.
File the Notice of Appeal or Application for Leave
Within the time set by the Registrar, file the Notice of Appeal (conviction as of right on law) or Application for Leave (fact, mixed, or sentence) together with written submissions and the Appeal Book.
Crown responds
The Crown files Respondent submissions within the time fixed by the Registrar. The Crown may also cross-appeal against sentence under section 5D.
Leave determination
For sentence and non-law grounds, the CCA considers leave on the papers or at a leave hearing. Leave is granted where the grounds are reasonably arguable.
Appeal hearing
The CCA sits with three judges (or five for reserved questions). Oral argument is usually limited to one day. Fresh evidence is admitted only on strict terms under section 12.
Judgment and further appeal
The CCA may quash, substitute, order a retrial, or vary sentence. Further appeal to the High Court of Australia requires special leave under the Judiciary Act 1903 (Cth).
Forms and templates
- Notice of Intention to Appeal — CCA
- Notice of Appeal / Application for Leave to Appeal
Common mistakes
- Missing the 28-day time limit without applying for leave to extend
- Drafting grounds that are too general or unsupported
- Seeking to relitigate factual findings without identifying error
- Failing to obtain complete trial transcripts and exhibits
- Overlooking the Crown’s right to cross-appeal sentence under section 5D
Get this process right with Quillio
Quillio can draft appeal grounds, prepare written submissions, and review trial transcripts for arguable error against House v The King and Dinsdale principles. See /practice-areas/criminal-lawyers.
General information only, not legal advice. Criminal appeals are technical and time-critical. Engage experienced criminal counsel immediately.
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