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NSW Charged with Embezzlement and Stealing - Supreme Court Appeal?

Discussion in 'Criminal Law Forum' started by simon lee, 14 June 2015.

  1. simon lee

    simon lee Active Member

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    I have been convicted by the Newtown local Court in may 2014 for the charges of embezzlement and stealing. I was sentenced to 9 months with 6 months non parole.

    I have lost my appeal in the District Court of NSW, without trial, without solicitor, because the Legal Aid solicitor has quit my case due to I didn't listen to her to plead guilty.

    in December 2014, I have lodged my own Supreme Court Appeal and received " notice of intention to appeal", but my legal aid solicitor said that" you can not appeal to the supreme court because you I have already been convicted in the local court, I couldn't understand that I have appealled to the District court and convicted why I CAN NOT appeal to the supreme court! by the way that my jail term has been finished in 20 April 2015, but I still want to appeal the District court decision, I want to clear my name, I just simply can not be punished with the crime which I didn't do it!

    Thank you very much for your help and I looking forward to hear from you!
     
  2. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Hi there, so did you plead guilty in the local court?
     
  3. simon lee

    simon lee Active Member

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    I didn't.
     
  4. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    When you appeal to the cca you need to show that there was a legal error made by the district court - that is, the judge got something wrong based on the law. This can be very hard to demonstrate.
     
  5. simon lee

    simon lee Active Member

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    I didn't plead guilty in both of local and district court.
     
  6. simon lee

    simon lee Active Member

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    thank you very much! could you tell me a little bit more about my case?
     
  7. Rod

    Rod Well-Known Member

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    If the Judge in the court case has NOT made any errors you cannot appeal the conviction.

    You need to work out if any mistakes were made by the Judge. Without help from a lawyer or much reading up on law this will be hard to do.

    You need to go through the court's judgement and possible the court transcript to find mistakes.

    BTW, was your case heard by a Judge alone, or did you have a jury?

    If Judge alone, were you told you could have a jury trial?
     
  8. simon lee

    simon lee Active Member

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    thanks! my case was heard by judge alone, not a trial. the Acting judge called Mr [G] and looks like 70-80 years old retired judge. at my hearing date, 5 people in front of me all lost their case and all been heard by the single judge.

    there is no one has told me that I could have a fair trial, I'm not play game, I just been found guilty for someting that I didn't do it! I want to take the matter to the next higher court and to get a fair judgement.
     
  9. terry1985

    terry1985 Member

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    What are they saying you did
     

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