Appeals
Appeals in Queensland Courts
An appeal hearing is the final chance to have your case reviewed by the court. If you are someone who believes they have been found wrongfully guilty, or your penalty does not match the crime, you might be able to appeal to a higher court and have them overturn the original decision. However, your appeal may be rejected by a higher court and your penalty may be more severe, so it’s important to seek legal advice before appeal any court decision.
How to appeal
To appeal a higher court decision, you have to first lodge a notice of appeal against a lower court decision. How to lodge a notice and what forms to what forms you need to file will depend on the decision you wish to appeal. A filing fee may apply for your appeal, however if you’re appealing a sentence or being found guilty of an offence no fee applies. Seeking legal advice from your lawyer to ensure you have valid ground to appeal before starting an appeal process, is always advisable.
Where is your appeal heard?
For sentences with the Magistrates Court, you will appeal to a District Court. A District Court judge sitting alone will hear your appeal.
If you were sentenced by a District Court or the Supreme Court, you will appeal to the Queensland Court of Appeal, where 3 judges will hear the case. No juries are involved in appeals.
Note: Most appeal judges do not rehear the original case; instead, they focus on whether an error occurred during the original hearing or trial that disadvantaged you or led to an excessive or inadequate sentence.
Who can appeal in Queensland?
What parties can appeal depends on the case and whether it is a criminal or a civil case. Some appeals also need a permission from the court to be put in motion. It’s important to remember that there is a time limit or appeal period of 1 calendar month from your conviction or sentencing to appeal – unexplained delays may result in refusal of an application and you will have to apply for an extension of time.
Criminal Cases
Only parties involved in the case – the defendant and the Crown – can apply for an appeal in a criminal case. However, the Crow can only appeal only when a sentence has been made, while the defendant can appeal a guilty verdict and/or appeal against a sentence.
Civil Cases
Any party can appeal a sentence in a civil case appeal, but may need the court permission to do so. In some cases, the court chooses to hear appeals from people not directly involved in the original action but should have, or people not directly involved in the case but has been directly affected by the outcome. Victims of a crime, family of the accused, and members o the public are not allowed to appeal