Gold Coast & Brisbane Appeals Lawyers
Courts make mistakes. Often. And if you disagree with a court’s decision or are dissatisfied with your current lawyer’s efforts at representing you, you can appeal to a higher court. Our reputation as criminal law experts is built on our ability to pick apart the mistakes lawyers, prosecutors, police, and courts make and turn them to your advantage. If you’ve been treated harshly or wrongly found guilty by a sentencing judge, contact Garde Wilson Lawyers immediately and discover how we can develop an appeal strategy that wins your freedom back.
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.