Appeals. |
If you have been sentenced too harshly or you think you've been wrongly convicted, you need to speak to an experienced appeals lawyer as soon as possible. There are strict deadlines for getting in your application.
Any appeal to a higher court requires complex legal argument. Valeston Lawyers will guide you through every step of the appeal process, |
APPEALING A SENTENCE:A Notice of Appeal must be lodged within one calendar month from the date of sentencing. |
Appealing a sentence in Queensland is a legal process that allows individuals convicted of a crime to challenge the severity or appropriateness of their sentence. Notice of Appeal must be lodged within one calendar month from the date of sentencing, unless an extension is granted by the court, which is rare and requires exceptional circumstances.
You will need to convince the appellate court that your sentence was too harsh, or “manifestly excessive”, which may be done by pointing out the ways in which mitigating factors were not properly taken into account, or drawing attention to past similar cases where lesser penalties were imposed. Sentenced in the Magistrate's Court If you were sentenced in the Magistrates Court, you may appeal against the penalty to the District Court. After hearing the appeal, the District Court may reverse the Magistrate's Court decision and impose its own sentence, or it may sent the matter back to the Magistrates Court for reconsideration. Sentenced in the District or Supreme Court If you were sentenced in the District or Supreme Court, you may appeal against the penalty to the Court of Appeal, only if that court gives permission to do so. If your appeal is granted, and is successful, the court may overturn the original sentence, or substitute for a sentence of its own. |
APPEALING A CONVICTION:A Notice of Appeal must be lodged within one calendar month from the date of the conviction. unless an extension is granted by the court. |
Appealing a conviction in Queensland allows individuals to appeal against a finding of guilt after a trail. A Notice of Appeal must be lodged within one calendar month from the date of the conviction. unless an extension is granted by the court, which is rare and requires exceptional circumstances.
Magistrate's Court Trial Appeal If you pled not guilty but were convicted in the Magistrates Court, you can appeal the decision in the District Court. When considering the appeal, the District Court will determine the case afresh and sometimes it will hear new evidence. If you are successful the District Court may reverse the Magistrate’s decision and order that you be acquitted of the charge. The District Court may also send the matter back to the Magistrates Court for a retrial. District or Supreme Court Trial Appeal If you are convicted at trial in the District or Supreme Courts, you can appeal the decision to the Court of Appeal. You can only appeal against a conviction which you say is wrong as a matter of law. The court does not consider your case afresh, only the evidence as presented in your trial. Then the court determines whether the conviction was wrong at law. With special leave of the court, and in very rare circumstances, you may appeal on other grounds such as facts of the case being wrong. If you are successful, the Court of Appeal may quash your conviction and order that you be acquitted of the charge, or it can also quash your conviction and order that you be re-tried. |
