Criminal Appeals Lawyer
Cairns & Queensland
⚠️ Time limit: You have 1 month from the date of sentence or conviction to file an appeal. This deadline is not flexible. If you are considering an appeal, get advice now — do not wait. You have been sentenced or convicted and you believe the outcome was wrong. You are thinking about whether it can be challenged. Civic Law prepares and runs criminal appeals across Queensland — sentence appeals and conviction appeals, in the District Court and the Court of Appeal. Recent matters include a conviction set aside on appeal with a verdict of not guilty entered ( Ngakyunkwokka v Commissioner of Police [2026] QDC 10), a head sentence reduced from 2 years 6 months to 2 years 3 months ( Escott v Queensland Police Service [2025] QDC 201), and a sentence varied on appeal ( Atu v Queensland Police Service ). An appeal is only worth running if the grounds are real. Sacha will tell you — honestly — whether yours are.
How Civic Law Can Help With Your Appeal
Civic Law offers two ways to engage on a Queensland criminal appeal. Written submissions only. Civic Law prepares the Notice of Appeal, the grounds of appeal, the written outline of argument, and any application for leave or extension of time. The appellant or an existing solicitor on the record runs the oral hearing. This option suits shorter District Court sentence appeals and solicitors who want dedicated appellate drafting while keeping carriage of the matter. Full brief representation. Civic Law prepares the written material and appears at the appeal hearing. This is the option for matters where advocacy at the hearing is critical — Court of Appeal matters, conviction appeals, contested factual grounds on rehearing, and bail applications pending appeal. Both options start the same way. Sacha reviews the trial transcript and the reasons for decision at a paid initial conference, then advises in writing on whether an appeal is realistically available, which option suits the matter, and what grounds should be pursued.
Sentence Appeals
A sentence appeal challenges the length or type of sentence imposed — not the conviction itself. If you believe the sentence was excessive, or that significant mitigating factors were not given proper weight, a sentence appeal may be available. Time limit: 1 month from the date of sentence. Do not delay. The court pathway depends on where you were sentenced: Magistrates Court sentence — appeal to the District Court District Court sentence — appeal to the Court of Appeal Supreme Court sentence — appeal to the Court of Appeal Grounds for a sentence appeal include: The sentence was manifestly excessive given the nature of the offence and the relevant sentencing principles The sentencing court failed to give proper weight to significant mitigating factors The sentencing court applied incorrect legal principles Fresh material exists that was not before the sentencing court and that would have affected the outcome For sentence appeals from the Magistrates Court, the District Court rehears the sentence fresh and can consider new material. That is a broader hearing than an appeal to the Court of Appeal, where the court is generally limited to what was before the sentencing judge. Which pathway applies affects the strategy — and Sacha will explain what that means for your matter.
Conviction Appeals
A conviction appeal challenges the finding of guilt — not the sentence. You are arguing that a legal error occurred, that the verdict was unreasonable on the evidence, or that a miscarriage of justice took place. Conviction appeals are harder to succeed on than sentence appeals. The courts apply a high standard, and the grounds need to be genuine. Sacha will review the transcript carefully and give you an honest assessment — if the grounds are not there, she will tell you before you spend money on an appeal that cannot succeed. Time limit: 1 month from the date of the conviction. Do not delay. The court pathway is the same as for sentence appeals. Grounds for a conviction appeal include: The trial judge misdirected the jury on the law or the evidence The trial judge made a legal ruling error that affected the outcome The verdict was unreasonable or cannot be supported by the evidence Fresh and compelling evidence exists that was not available at trial and that would have produced a different verdict An irregularity in the trial process caused a substantial miscarriage of justice Depending on the grounds and what the appellate court finds, it may order a retrial, enter a verdict of acquittal, or substitute a lesser verdict.
The Three Queensland Appellate Tracks
1. District Court appeals under section 222 of the Justices Act 1886 (Qld). This is the appeal route from a decision of a Magistrates Court — for any matter dealt with summarily, including most drink driving, drug, traffic, public order, dishonesty, and assault matters. The Notice of Appeal (Form 27) is filed within one calendar month of the decision. The appeal is by way of rehearing on the original evidence under section 223. Fresh evidence may be admitted with leave. Conviction and sentence are both open unless the appellant pleaded guilty, in which case only sentence is open under section 222(2)(c). 2. Court of Appeal — sentence appeals on indictment. Where the sentence was imposed in the District Court or Supreme Court, an application for leave to appeal is filed within one calendar month under section 671 of the Criminal Code and the Criminal Practice Rules 1999 (Qld). Leave is granted on an arguable ground that the sentence is manifestly excessive, the sentencing judge erred in principle, the sentence is outside the range supported by comparators, or there has been a miscarriage on an identifiable basis. 3. Court of Appeal — conviction appeals on indictment. Where the conviction followed trial in the District Court or Supreme Court, an appeal lies as of right on a question of law, or by leave on grounds including unreasonable verdict, miscarriage of justice, or wrong decision on a question of mixed fact and law. Notice of Appeal is filed within one calendar month under section 671(1). Further appeals from the District Court. A further appeal from a District Court appellate decision lies to the Court of Appeal by leave under section 118 of the District Court of Queensland Act 1967 . Under section 118(5) leave may be granted where there is a reasonably arguable right of appeal. Form 27 is filed within one calendar month of the District Court decision. Extensions of time. The court has power to extend time on an application supported by affidavit explaining the delay and showing the prospects of the appeal. Extensions are granted sparingly. Where the original time limit has been missed, the application for extension is itself a piece of appellate advocacy and is prepared as such.
What an Appeal Is Not
An appeal is not a rehearing of the original matter. It is not an opportunity to call new witnesses, re-run the trial, or present a different version of the facts. The appellate court reviews what happened at the original hearing — the transcript, the rulings, the directions given to the jury, and whether the sentence was within the proper range. This is why identifying the right grounds matters. A sentence that felt harsh is not the same as a sentence that was legally excessive. A verdict that seems wrong is not the same as a verdict that cannot be supported by the evidence. Many sentences are stern but not appealable. Many convictions are disappointing but legally sound. Sacha will tell you which category your matter falls into.
The Written Outline
Queensland criminal appeals are decided at an oral hearing, and the written outline of argument is the document that carries the appeal. Under District Court Practice Direction 7 of 2020, the appellant files an outline of argument within twenty-eight days of the Notice of Appeal. The respondent's outline follows within a further twenty-eight days. The matter is listed for hearing once both outlines are filed. A section 222 appeal estimated at two hours or less is treated as a short appeal and is listed by the Registrar or as directed by a judge. Oral argument at the hearing is directed to what is in the outline. The judge reads the outlines in advance. The same principle applies in the Court of Appeal. Oral argument will ordinarily be restricted to issues raised by the outline, and the application is ordinarily heard on the record of evidence from the lower courts. An application showing no substantial ground may be dismissed without a hearing on referral by the Registrar. This is why the quality of the written outline matters more than anything else in a Queensland criminal appeal. Sacha prepares every outline as the document the court will rely on — precise identification of the error, direct reference to the transcript and the applicable principles, and no padding.
Where Civic Law Appears
Written submissions are prepared for any Queensland court — District Court appeals from Magistrates Court decisions anywhere in the state, and Court of Appeal matters in Brisbane. Full-brief appearances are accepted state-wide on a case-by-case basis. Initial conferences are run by video. The transcript and reasons are reviewed remotely. Submissions are filed electronically. Clients are accepted from Cairns, Brisbane, the Gold Coast, the Sunshine Coast, Townsville, Toowoomba, Rockhampton, Mackay, and regional Queensland.
Record Expungement & Spent Convictions
In certain circumstances, a past criminal conviction may be considered "spent" under Queensland law — or, in the case of historical same-sex offences, eligible for statutory expungement. The Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) provides that certain convictions become spent after a rehabilitation period — 10 years for an adult conviction on indictment, and 5 years for Magistrates Court and juvenile matters. Separately, the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 (Qld) allows expungement of historical offences involving consensual same-sex conduct. Sacha provides advice on whether your conviction qualifies as spent, your disclosure obligations, and can manage expungement applications where the legislation permits.
Frequently Asked Questions
How do I know if my sentence is appealable?
A sentence is appealable where there is a real legal basis — not just because the outcome felt harsh. The most common grounds are manifest excess and failure to give proper weight to mitigating factors. Sacha will review the sentencing transcript and tell you honestly whether either ground is available in your matter.
Can I appeal if I pleaded guilty?
Yes, but only against the sentence — not the conviction. Under section 222(2)(c) of the Justices Act 1886 (Qld), if you pleaded guilty the appeal is limited to the ground that the sentence was excessive or inadequate. Setting aside the plea itself is possible in exceptional circumstances but is a separate application.
Can the prosecution appeal my sentence?
Yes. The prosecution can file a cross-appeal seeking a heavier sentence. Sacha assesses this risk before advising you to appeal. In some cases, the risk of a cross-appeal outweighs the benefit of seeking a reduction.
How long does an appeal take?
A sentence appeal from the Magistrates Court to the District Court is typically resolved within a few months. Appeals to the Court of Appeal — from the District or Supreme Court — typically take 12 to 18 months from filing to hearing, sometimes longer for complex matters.
Can I get bail while the appeal is pending?
Bail pending appeal is applied for and is granted in exceptional circumstances — generally a short sentence that would be substantially served before the appeal is heard, or strong appeal prospects on a clear ground. Sacha will advise on whether bail pending appeal is realistic in your circumstances and prepare the application if it is.
What if I missed the 1-month time limit?
An extension of time to appeal can be sought, but it requires the court's leave and the threshold is not straightforward. The strength of the grounds, the length of the delay, and the explanation for the delay are all relevant. Call Civic Law as soon as possible — delay makes this harder, not easier.
Will my appeal be decided on the papers?
No. The matter is listed for an oral hearing, including short appeals in the applications list. The written outline of argument is the substantive document and is read by the judge in advance — but the hearing is oral.
Do I have to come to Cairns to engage Civic Law?
No. The initial conference is by video. The transcript and reasons are reviewed remotely. Submissions are filed electronically. Clients are accepted from anywhere in Queensland.
What happens if my appeal loses?
The original sentence or conviction stands. The court may make a costs order against you, though in section 222 appeals there is generally no filing fee. Sacha sets out the costs risk clearly in writing before any retainer is signed, so you know the position before committing.
Is there a further appeal if the District Court appeal fails?
Leave to appeal lies to the Court of Appeal under section 118 of the District Court of Queensland Act 1967 . Under section 118(5) leave may be granted where there is a reasonably arguable right of appeal. Form 27 is filed within one calendar month of the District Court decision.
Does Civic Law take legal aid appeals?
All appellate work is privately retained. Civic Law does not currently hold a Legal Aid Queensland preferred-supplier agreement.
Fixed Fees
- Sentence Appeal — Magistrates Court to District Court — $5,500
- Conviction Appeal — $8,500
- Record Expungement & Spent Convictions — $2,200