If you plead guilty and get a sentence, you can appeal it. When you appeal, the court might tell you what sentence you could get, this is called a sentence indication. If the court gives you a harsher sentence than they indicated, you cannot usually change your guilty plea.

You can only change your guilty plea if the appeal court says it is okay, and they only say it is okay if they think it is fair. The appeal court makes this decision, and you have to ask them for permission to change your plea. They consider what is in the interests of justice when making their decision.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360427.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

251: Orders, etc, on successful first appeal, or

"What happens to your sentence if you win your first appeal"

253: Right of appeal against determination of first appeal court, or

"You can appeal again to a higher court if they say it's okay and it's a very important case."

Part 6Appeals
Appeals against sentence: First appeals

252Defendant may not withdraw guilty plea after sentence imposed on appeal

Except with the leave of the appeal court if that court considers it is in the interests of justice, a defendant who has received a sentence indication is not entitled to withdraw his or her guilty plea if a more severe sentence than that indicated is imposed on appeal.