Criminal Appeals Lawyer Cairns — Fixed Fee
$5,500 — Fixed Fee
Sentence appeal — $5,500 Conviction appeal — $8,500 Covers : full review of the sentencing or trial transcript, advice on grounds of appeal, preparation of the notice of appeal and written submissions, and full appearance at the appeal hearing. Conviction appeals are priced higher than sentence appeals because of the volume of transcript review involved, the complexity of identifying viable grounds, and the level of preparation required for a substantive hearing. No hidden fees. One invoice. All fees +10% GST.
Overview
What Is Included Sentence appeal: Full review of the sentencing transcript and any pre-sentence material Conference to identify grounds and assess the realistic prospects of success Preparation of the written notice of appeal and submissions Full appearance at the appeal hearing Written advice on the outcome and any further options Conviction appeal: Complete review of the trial transcript and all grounds of appeal Advice on whether the grounds are viable and an honest risk assessment Preparation of the notice of appeal and detailed written submissions Full appearance at the appeal hearing Written advice on the outcome and further options if the appeal is unsuccessful 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. Court pathway: 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 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. They are viable where the grounds are real — and where the grounds are not real, Sacha will say so plainly rather than take a fee on a hopeless appeal. Time limit: 1 month from the date of the conviction. Do not delay. Court pathway: Magistrates Court conviction — appeal to the District Court District Court conviction — appeal to the Court of Appeal Supreme Court conviction — appeal to the Court of Appeal 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 What happens if a conviction appeal succeeds? Depending on the grounds and what the Court of Appeal finds, it may order a retrial, enter a verdict of acquittal, or substitute a lesser verdict. 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. Sacha will assess the actual legal question — not just the outcome the client was hoping for — and advise accordingly. For sentence appeals from the Magistrates Court, the District Court rehears the sentence fresh and can hear new material. That is a broader jurisdiction than an appeal from the District Court to the Court of Appeal, where the court is generally confined to the original record. The pathway matters to the strategy. What Sacha Focuses On An appeal is only worth running if the grounds are real. Before any advice is given to file, Sacha will read the transcript — all of it — and identify whether there is a genuine error or whether the court's decision, even if harsh, was within the proper exercise of its discretion. Many sentences are stern but not appealable. Many convictions are disappointing but legally sound. Sacha will tell you which category your matter falls into. Where the grounds are real, the preparation for an appeal is methodical — the transcript is analysed in detail, the applicable sentencing principles or legal directions are reviewed against the record, and the written submissions identify the error precisely. Appellate courts respond to precision, not generality.
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 the prosecution appeal my sentence? Yes. The prosecution can file a cross-appeal seeking a heavier sentence. Sacha will assess 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? In appropriate cases, yes. 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. Is a conviction appeal different from a retrial? Yes. An appeal reviews the original proceedings for legal error. A retrial is a fresh hearing of the case. If an appeal succeeds, the court may order a retrial, but the appeal itself is not one.