Can Your Sentence Increase on Appeal in Queensland?
Appeals — 2026-06-20 — by Sacha Sarah Smith, Civic Law
Thinking about appealing your sentence? In some circumstances, the sentence can go up — not just down. Here is how appeal risk works in Queensland.
You are thinking about <a href="/criminal-appeals-lawyer-cairns">appealing</a> your sentence. Most people assume an appeal is a one-way bet — the sentence either comes down or stays the same. That is usually what happens. But it is not the only possibility. In Queensland, there are circumstances where your sentence can go up on appeal — and understanding that risk is part of deciding whether to appeal at all.
Appeals from the Magistrates Court to the District Court
Most criminal appeals in Queensland are appeals from the <a href="/cairns-magistrates-court">Magistrates Court</a> to the <a href="/cairns-district-court">District Court</a> under section 222 of the <em>Justices Act 1886</em> (Qld). These cover the bulk of criminal matters — drink driving, drug offences, assault, DVO breaches, public nuisance, traffic offences.
On your appeal, the District Court reviews the sentence and can substitute a different one. In theory, the District Court has the power to increase the sentence — because the appeal is a rehearing and the court exercises the sentencing discretion afresh.
In practice, increases on a defendant's own appeal are rare. The District Court is generally reluctant to penalise you for taking the risk of appealing. But the power exists, and the risk is not zero.
Prosecution Appeals
The prosecution can also appeal your sentence — from the Magistrates Court to the District Court under section 222, on the basis that the sentence was too lenient. If the prosecution appeals and succeeds, the District Court can — and regularly does — increase the sentence.
Prosecution appeals are less common than defendant appeals, but they happen. They are most likely in matters involving violence, repeat offending, or where the magistrate imposed a sentence well below the comparable range.
Appeals to the Court of Appeal
For matters dealt with on indictment in the District Court or Supreme Court, the appeal pathway is to the Court of Appeal.
Your Appeal — Section 668D
You may appeal against sentence with leave of the Court of Appeal. The Court can dismiss the appeal, reduce the sentence, or — under section 668E(3) — increase it.
In practice, the Court of Appeal will generally warn you if it is considering an increase, giving you the opportunity to withdraw the appeal before it happens. That is a procedural safeguard, not a legal prohibition. The power to increase exists.
Attorney-General's Appeal — Section 669A
The Attorney-General may appeal against your sentence on the basis that it was manifestly inadequate. If the Court of Appeal agrees, it substitutes a higher sentence.