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Appealing a Sentence

Appeals from the Magistrates' Court can be made against a conviction or sentence and are made to the County Court. The defendant has 30 days to lodge an appeal, after which they must apply for leave to appeal out of time to the presiding Judge in the County Court. The defendant also has 30 days to abandon the appeal after which they must also apply for leave to abandon the appeal. Lodgement of an appeal stops the operation of the sentencing order, except where the order affects a defendant's right to drive a motor vehicle. In this case, an application can be made to the Magistrate upon lodging of an appeal to request permission to drive pending the hearing of the appeal. If a defendant is appealing against a sentence of imprisonment, an application for appeal bail can be made to the Magistrate upon lodgement of an appeal. An appeal to the County Court operates as a re-hearing of the charge.