Criminal Appeals Lawyer Brisbane

If you would like to appeal a decision handed down by a court of law against you, then contact us today. As experienced verdict appeal lawyers in Brisbane, we can help prepare your appeal in a timely and professional manner, at any level of court.

Appeal Time Limits

Strict time limits apply in relation to appeals in Queensland, typically one month from the date of sentence or conviction, unless the Court allows otherwise. If you are considering appealing a Court’s decision and are currently represented by another firm, it is prudent to get legal advice quickly to ensure that your appeal rights are preserved.

What Can You Appeal?

In Queensland, you may be able to appeal a court’s decision in relation to your conviction, your sentence, or both.

An appeal against conviction challenges whether you should have been found guilty — for example, because of an error made during the trial or hearing. An appeal against sentence challenges the penalty imposed, arguing it was manifestly excessive in the circumstances. You do not need to dispute your guilt to appeal a sentence.

Appeals must generally be filed within one month of the date of conviction or sentence. If that time has passed, you may still be able to apply for leave to appeal out of time, but this is not guaranteed and legal advice should be sought immediately.

Common Grounds for Appeal

Not every unfavourable outcome gives rise to a valid appeal. Courts look for identifiable legal or factual errors. Common grounds include:

• Error of law — the judge misapplied or misinterpreted the law during the hearing or trial
• Wrong finding of fact — the verdict was unreasonable or could not be supported by the evidence
• Manifestly excessive sentence — the penalty was disproportionate given the offence and the offender’s circumstances
• Procedural unfairness — the process was conducted in a way that denied you a fair hearing
• Ineffective legal representation — in limited circumstances, serious failings by prior counsel may form a ground

What May Happen During an Appeal?

An appeal is generally not a re-running of the original case. In most instances, the appeal court reviews the record of the original proceedings — the transcript, evidence and reasons for decision — and determines whether an error occurred.

Written submissions are filed by both parties setting out their arguments. In many cases there is also an oral hearing where lawyers for each side present their position to the court.

If the appeal is successful, the court may quash the conviction, substitute a different verdict, reduce or vary the sentence, or in some cases order a re-trial. If the appeal is unsuccessful, the original decision stands.

It is worth noting that in some circumstances, the prosecution may also appeal — for example, against a sentence they consider inadequate.

We have vast experience in appeals at all levels, against sentence and conviction, including:

• Appeals to the District Court from the Magistrates Court;
• Appeals to the Court of Appeal from either the District Court or Supreme Courts; and
• Appeals from the Court of Appeal to the High Court of Australia.

To speak with a verdict or sentencing appeal lawyer in Brisbane, call us today on 3034 0000