How to Appeal a Court Decision
Are you dissatisfied with the court’s decision? The Queensland justice system assumes that a judge, jury or magistrate can base their decision on a mistake and thus produce an inaccurate judgement. Aggrieved parties are allowed to lodge appeals against court outcomes in a higher court.
However, appealing a court decision should never be based on the fact you didn’t like the outcome. Otherwise, you will appeal without success. You need professional legal advice on whether you have strong grounds on which to make an appeal.
The decision to appeal should be based on the fact that the judicial officer made a mistake that led to a wrong judgement. You can appeal any case, both criminal and civil cases in Queensland. If you are coming from the Magistrate Court, you should lodge the appeal at the District Court. The highest court in QLD is the Court of Appeal.
Appealing a court decision is a process that is guided by a strict timeline. Here are some key things you need to understand about the process:
As mentioned earlier, timelines for appealing a court decision are very strict. In QLD, you have 30 days from your conviction date to file an appeal. If one calendar month has passed, it will be difficult to appeal the decision.
The only option that will be available for you is applying for permission to appeal ‘out of time’, which can be rejected by the court. Note that you can apply for bail if you were convicted and in custody while the appeal court considers your case.
What Can You Appeal?
The justice system enables you to appeal various aspects of the lower court decision. If you are not entirely happy with the decision and feel the judicial officer overlooked some facts, you can appeal for the whole decision to be quashed.
You can also appeal against the harshness of the sentence. If you feel you have been fined too much or given a long jail term, you can appeal for penalty leniency in the court of appeal. These are two major aspects that you can appeal.
Where to Appeal
The appeal is always handled by a senior court. If you were at a Magistrate Court, you should appeal to the District Court. If the case was decided by a District Court, the appeal should be taken to the Queensland Court of Appeal. These comprise the three courts in Queensland.
Who Can Appeal?
It depends on the nature of the case. For the civil case, any party can appeal the decision. However, they must first get permission from the court to appeal. For criminal cases, victims of the crime cannot appeal against the sentence. Only the accused can appeal against the court’s decision.
If you are not happy with the court’s outcome and want to carry out an appeal, contact us at Bouchier Khan Lawyers. Our team of experienced lawyers will help put up a strong case on your behalf.
This article is of a general nature and is intended for information only. It should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstance, please contact us at Bouchier Khan Lawyers.