Criminal cases
Court of appeal - criminal
What is a written outline of argument?
Your written outline of argument should:
- focus on the grounds of appeal in the notice of appeal or application for leave
- contain a concise logical statement on the relevant factual conclusions
- set out why the Court of Appeal should form the factual conclusions sought
- include precise references to the evidence relied on in connection with each disputed factual conclusion
- be a concise legal summary of submissions.
Oral argument will ordinarily be restricted to issues raised by the grounds of appeal and the outline.
The respondent should not repeat accurate information already contained in their opponent’s outline and should indicate which parts are accepted or rejected.
What is the deadline for a written outline of argument?
For a conviction appeal, the appellant must lodge and serve a written outline of argument at least 21 days before the hearing.
The respondent must lodge and serve their written outline of argument no less than seven days before the hearing.
For an extension of time application or an application for leave to appeal against sentence, the applicant must lodge and serve a written outline of argument at least 14 days before the hearing.
The respondent must lodge and serve their written outline of argument no less than seven days before the hearing.
When should I file and serve the written outline of argument for an application under District Court of Queensland Act 1967, section 118?
In section 118 applications, the applicant’s outline of argument must be filed and served by the applicant at least 14 days before the hearing date.
The respondent’s outline of argument must be filed and served at least seven days before the hearing.