An appeal is not a retrial or a new sentence. It’s a legal review of a specific issue from your original trial or sentence. The court will only consider the evidence presented in the original case.
To win an appeal, you must show that the judge, magistrate, or jury made a mistake that affected the outcome.
Key points to consider when deciding whether to appeal:
- in criminal cases, only guilty verdicts can be appealed, as not guilty verdicts are final
- if you feel your sentence is excessively harsh, you may seek permission to appeal
- appeals can be made if you believe an error led to your conviction, but not simply because the court rejected your version of events.
Who can appeal
Civil cases:
- Any party can appeal, but some appeals need court permission.
- Sometimes the court hears appeals from people who either should have been parties to the original action but were left out, or were not parties but were directly affected by the outcome.
Criminal cases:
Only the defendant or the Crown can appeal.
- The Crown can appeal a sentence.
- The defendant can appeal a guilty verdict or apply to appeal a sentence.
- The Queensland Attorney-General or Commonwealth Director of Public Prosecutions may also appeal sentences.
Who can’t appeal?
- Victims of crime (but they can apply for help through Victim Assist Queensland).
- Family or friends of the accused.
- Members of the public.
How to appeal
To start an appeal, you must lodge a notice of appeal in a higher court. The process depends on the type of case and the original court.
For detailed information, refer to these documents:
Civil matters
Criminal matters
Where appeals are heard
- Supreme or District Court cases: Appeals are heard in the Court of Appeal. Some appeals require permission to proceed.
- Magistrates Court cases: Appeals are heard in the District Court. Learn more about appealing a Magistrates Court decision.
- QCAT decisions: Appeals go to QCAT’s Appeal Tribunal or, in some cases, the Court of Appeal. Visit the QCAT website for details.
Representing yourself
You can represent yourself in the Court of Appeal, but it’s a good idea to consult a lawyer to check if you have valid grounds to appeal.
Ensure you understand the difference between legal and procedural advice.
If your appeal is successful
- Civil cases: The court may change the decision or order a retrial (particularly if one side can show they’ve found important new evidence)
- Criminal cases:
- If your appeal against the conviction succeeds, the court may order a new trial or find you not guilty.
- If your appeal against the sentence succeeds, the sentence may be reduced or changed.
More information
