Gold Coast & Brisbane Appeals Lawyers
Courts make mistakes—often. If there is dissatisfaction with a court’s decision or with the efforts of a current lawyer, appealing to a higher court is an option. Garde Wilson Lawyers has built a reputation as criminal law experts by identifying and leveraging mistakes made by lawyers, prosecutors, police, and courts to the client’s advantage. If treated harshly or wrongly found guilty by a sentencing judge, contact Garde Wilson Lawyers immediately to discover how an effective appeal strategy can be developed to regain your freedom.
Criminal Court Appeals in Queensland
In criminal cases, a person can’t appeal unless the defendant was found guilty. If they were found not guilty, the verdict is final.
If you are found guilty, you can apply for permission to appeal if you think your sentence was too harsh or the court made a mistake that resulted in your conviction.
You cannot just claim that the court was wrong because it didn’t believe your story.
If your appeal against the conviction is successful, the court will either order a new trial with a different judge and jury or find you not guilty. If your appeal against the harsh sentence is successful, the court may reduce the sentence or impose a different sentence.
What Can You Appeal?
An appeal against conviction is made when due to poor representation or judicial error, you have been found guilty by a Queensland court of a criminal charge. In making an appeal of this kind, you are requesting the court re-examine the decision made by the original judge or jury to have the conviction overturned.
In Queensland, any person found guilty and sentenced has the right to apply for an appeal against the sentence ordered by a court. Any person convicted who wishes to apply for leave to appeal against their sentence must file a notice of application for leave to appeal against a sentence within one calendar month of the date of sentence.
When Can You Appeal?
You have 1 calendar month from your conviction or sentence date to appeal; for example, if you are sentenced on 10 November, you have until 10 December to appeal. If you don’t lodge the appeal in time, you generally cannot appeal.
However, you might be able to apply for permission to appeal ‘out of time’, so you should ask Garde Wilson Lawyer whether this applies to you.
It could be months before the court hears your appeal. If you’re in custody during this time, you might be able to get bail while you wait, though this is uncommon.
Garde Wilson Lawyers Can Protect You From Harsh And Severe Sentencing.
Frequently Asked Questions
A criminal appeal is a legal process where a person convicted of an offence asks a higher court to review the decision made by a lower court.
The appeal can challenge the conviction, sentence, or both — usually on the basis that a legal or factual error occurred during the original trial.
The appropriate appeal court depends on where your case was originally heard:
Magistrates Court decisions → appealed to the District Court.
District or Supreme Court decisions → appealed to the Court of Appeal (Queensland Supreme Court).
Further appeals may, in rare cases, go to the High Court of Australia.
Yes — in limited cases.
If your guilty plea was not truly voluntary, or you received a manifestly excessive sentence, you may be able to appeal. A lawyer can review your plea and the sentencing transcript to determine whether valid grounds exist.
Success depends on the grounds of appeal and the evidence supporting your claim.
Appeals are not new trials — the court reviews whether there was a legal or factual error. Having a skilled criminal defence lawyer significantly improves your chances of a positive outcome.
The length of an appeal depends on the complexity of the case and court schedules.
Minor appeals in the District Court may take a few months.
Appeals to the Court of Appeal can take six months to a year or more.
During this time, you may be able to apply for bail pending appeal, depending on the case circumstances.