Appeals against conviction and/or sentence
A Notice of Intention to Appeal (NIA) should be filed within 28 days. (It may be filed by email- external sitelaunch).
If there is only an appeal against conviction, the time period commences from the date of sentence.
If an NIA is sought to be filed after 28 days, the form must be accompanied by Annexure A to Notice of Intention to Appeal - Application for Extension of Time to give Notice of Intention to Appeal. The Application will be considered in Chambers by the Registrar.
An applicant has 12 months after filing an NIA to file a Notice of Appeal with the Court, during which time transcripts, exhibits and any other material necessary for a merit assessment should be sought and an appeal filed.
If an applicant encounters delays or other difficulties, in particular with transcripts, the CCA Registrar should be contacted for assistance.
If no appeal is filed within 12 months, the NIA will expire and no extensions to the NIA can be granted. (See below for seeking leave to file a Notice of Appeal out of time).
Rule 2.20 (6) of the Rules sets out procedures for accessing transcripts and exhibits, including sealed exhibits. (See also the Practice Note at 7). Specifically, applications for access to sealed exhibits should be made to the Court from which there is an intended appeal.
If no NIA is filed, an appeal can still be filed within time if a Notice of Appeal is filed within 3 months of conviction or sentence. If there is only an appeal against conviction, the time period commences from the date of sentence.
Appeals against interlocutory decisions
The filing of an NIA is inapplicable.
A Notice of Appeal must be filed within 14 days of the decision appealed.
Appeals by the Crown against sentence
The filing of an NIA is inapplicable.
A Notice of Appeal must be filed within 28 days of the sentence.
Appeals filed out of time
If a Notice of Appeal is filed out of time, it must be filed with a further document, Annexure B to Notice of Appeal – Application for Leave to File a Notice of Appeal after Expiry of the Filing Period.
The granting of leave will be considered by the Court when the appeal (and leave application) are listed for hearing.
博通位于澳洲悉尼的华人刑法辩护（刑事）律师在管理上诉时间表方面经验丰富，能够帮助我们的客户遵守上诉的时间限制。
来源：新南威尔士州最高法院
