Common questions
What is an appeal?
An appeal hearing in a higher court follows the lodging of a notice of appeal by a party against a lower court decision.
Usually, to win an appeal, it must be shown that the magistrate, judge or jury in the original case made a mistake that affected the outcome.
If the original case was heard in the Magistrates Court, the appeal is originally heard in the District Court. If it was a District or Supreme Court case, the appeal is heard in the Court of Appeal. Some appeals require the Court of Appeal to give leave to appeal before the court can hear the appeal.
Can parties in either civil or criminal cases seek an appeal?
The Court of Appeal can hear both civil and criminal cases.
Civil cases are disputes between two or more parties (people or organisations) where one party sues the other, usually to obtain a financial benefit. The dispute can concern anything from defamation to a dog-bite.
Criminal cases include crimes that are offences against the broader community, ranging from robbery to rape and murder.
Who can appeal?
Different parties can appeal a decision, depending on whether it involves a civil or criminal case, and whether leave to appeal is required.
In civil cases, any party can appeal a decision but some appeals can only be heard if the court gives the person wanting to appeal, leave to appeal. The person who lodges the appeal or application for leave is called the appellant or the applicant, and the other party is called the respondent.
Sometimes the court will hear appeals from people who should have been parties to the original action but were left out. It may also hear appeals from people who were not parties to the action but who were directly affected by the outcome.
In criminal cases, only those who are directly involved in the case can appeal, i.e. the defendant and the Crown. Members of the community, even victims, do not have right of appeal. A party cannot appeal against a not guilty verdict.
The Crown can only appeal against a sentence, but a defendant can appeal against a guilty verdict and/or apply for leave to appeal against a sentence.
Can I represent myself in the Court of Appeal?
You are able to represent yourself in the Court of Appeal. However, you may wish to consult with a lawyer about whether you have valid grounds to appeal. See My day in the Court of Appeal.
It is important to remember that court staff, including staff from the Court of Appeal registry, cannot provide legal advice or recommend what litigants should do in relation to their case.
However, they can assist you with general court procedural matters and protocols relating to your appeal.
Can the victims of the crime appeal to the Court of Appeal?
No. Victims of crime have no right of appeal.
However, victims of crime may have a right to criminal compensation.
The family or friends of the accused cannot appeal decisions.
How does the Crown appeal?
The Queensland Attorney-General may appeal against sentence only. The Commonwealth Director of Public Prosecutions can also appeal in Commonwealth criminal matters. The Crown cannot appeal a not guilty verdict.
The case for the Crown will usually be presented at the appeal hearing by a Crown prosecutor from the Office of the Director of Public Prosecutions.
What if my civil case appeal is successful?
If your civil case appeal is successful, the court may change the original decision or order a retrial.
Sometimes the Court of Appeal will order a new trial if one side can show that they have found important new evidence. However, usually the court must agree that:
- the evidence was not available at the time of the original action
- it is important to the case.
What happens in the Court of Appeal in criminal cases?
In criminal cases, there can’t be an appeal unless the defendant was found guilty. If the jury finds the defendant not guilty, the verdict is final.
People who are found guilty can apply for leave to appeal if they think the sentence was too harsh. They can appeal if they think the magistrate, judge or jury made a mistake that resulted in their conviction
It is not usually enough to allege that the magistrate, judge or jury was wrong because they didn’t believe the defendant’s story.
The appeal is not a retrial or a re-sentence. In most cases, the court will only hear legal argument about a specific point and it will only consider the evidence that was given at the original trial or sentence.
In criminal appeals the court will usually apply the law as it was at the time of the trial or sentencing.
What if my criminal case appeal is successful?
If the appeal against the conviction is successful, the court will either order a new trial with a different judge and jury, or find the appellant not guilty. If the appeal against the sentence is successful, the sentence may be reduced or a different type of sentence may be imposed.
Can I apply for an exemption from paying the filing fee?
In specific circumstances your filing fee may be waived with an exemption order. See How to seek an exemption from paying fees.
Last updated 21 July 2009
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