In Queensland, after you have been convicted of an offence, you may appeal to the court against your conviction or against the sentence imposed upon you.
Common grounds for appealing a conviction or sentence include:
If you have pleaded guilty to an offence, it is ordinarily not possible to lodge an appeal against your conviction. You still have the option to appeal against a sentence however.
If you are convicted or sentenced in the Magistrates Court, you may be able to appeal the conviction or sentence to a judge of the District Court of Queensland. The judge will consider the evidence available to the magistrate and may consider new evidence that was not heard by the Magistrates Court. If the appeal is successful, the judge has the power to make various orders and directions, including having the conviction set aside or imposing a less severe sentence. Importantly, the judge can also increase the sentence – although this is not a common occurrence.
If you wish to appeal a conviction or sentence imposed upon you in the District or Supreme Court, you may appeal that decision to the Queensland Court of Appeal. Matters in the Court of Appeal are heard by three judges sitting together. The Court of Appeal will consider relevant evidence which was not previously given at trial if it would have caused a reasonable jury to deliver a difference verdict.
If your appeal is allowed, the Court of Appeal can make an order quashing your conviction, ordering a retrial with a different judge and jury, imposing a less severe sentence or substituting a verdict of guilty for a different offence.
If you wish to appeal a conviction or sentence imposed upon you, you will need to file a notice of appeal in the Court of Appeal Registry within one calendar month from the date of the conviction or sentence. The notice of appeal must state, briefly and precisely, the grounds of the appeal.
If you are unable to file a notice of appeal within the appeal period, the court may grant you an extension of time if you are able to explain the reasons for the delay and give substantial reasons why an extension should be granted.
In this appeal to the Court of Appeal, Aitken Whyte Lawyers were successful in an application for leave to appeal and the appeal was allowed on the grounds that our client’s sentence in the District Court was manifestly excessive.
The sentence imposed by the District Court was set aside, and no conviction was recorded.
The key issues the Court of Appeal considered included appeals and new trials and grounds for interference. Our client had pleaded guilt and the sentencing judge found there were exceptional circumstances which meant that an actual term of imprisonment was not required and instead, sentence him to a wholly suspended term of imprisonment.
Other relevant factors in sentencing included where the relevant child exploitation material was of a less serious nature compared to similar cases, where the applicant was mature, had no prior criminal history, and had provided care and support for members of his family with medical conditions, where the applicant was diagnosed with mental health disorders, including ADHD and a major depressive disorder, and where, at the time of the offending, the applicant’s mental health had deteriorated due to chronic life stressors. The applicant held concerns for his current employment and future prospects of employment if a conviction was recorded and the Court of Appeal considered whether the sentencing judge erred in not moderating general deterrence and recording a conviction.
George v Queensland Police Service [2015] QDC 163
In this appeal, we successfully represented the appellant in an appeal to the District Court under section 222 of the Justices Act. The sentence of the Magistrate’s Court was set aside. Our client was released on parole immediately following the appeal.
The District Court in hearing the appeal considered the submissions made that the sentencing discretion miscarried, where the appellant was previously sentenced to a term of imprisonment in New South Wales and where the magistrate erred in imposing identical sentences for each offence, where the appellant submitted that the sentences imposed on him were disparate to the sentences imposed on his co-accused, where the magistrate did not adequately consider the parity principle. In sentencing, the magistrate did not consider time spent in custody for the New South Wales offending and our client had undertaken significant rehabilitation over a substantial period of time.
Proper experience in running appeals is essential, particularly in matters where your personal liberty is at stake. The team at Aitken Whyte Lawyers are focused on results and have history of successes for their clients in appellate courts.
Our Criminal Defence Team will advise you on the proper course to take if you would like to appeal a conviction or sentence imposed upon you.
Aitken Whyte Lawyers can assist you with an appeal in any Queensland Court Jurisdiction, as well as appeals to the High Court of Australia.
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
