Jurisdiction for Appeals
For summary offences/indictable offences tried summarily (i.e. in Magistrates Courts) appeals go to a Single District Court Judge (s222 Justices Act). These proceed usually as a rehearing on the original evidence (s223). Generally, the Judges decision is final (apart from referrals of questions of law – s227).
For indictable offences dealt with in the District/Supreme Court appeals go to the Queensland Court of Appeal (s668-672 Criminal Code). Legal argument in the Court of Appeal then is based on review of transcripts. Appeals from the Court of Appeal lie to the High Court of Australia (s35 Judiciary Act 1903 (Cth)). Generally, accused persons only have one shot at each level (R v Ali [2003] QCA 117.) Appeals can be made against conviction or sentence.
For indictable offences dealt with in the District/Supreme Court appeals go to the Queensland Court of Appeal (s668-672 Criminal Code). Legal argument in the Court of Appeal then is based on review of transcripts. Appeals from the Court of Appeal lie to the High Court of Australia (s35 Judiciary Act 1903 (Cth)). Generally, accused persons only have one shot at each level (R v Ali [2003] QCA 117.) Appeals can be made against conviction or sentence.
Procedural Issues in the Court of Appeal
Notice of appeal must be filed within one calendar month of date of conviction or sentence (s671 Criminal Code). However there is a discretion to extend:
'An application to extend time for leave to appeal against conviction may be allowed if there is a satisfactory explanation for the delay. Even if no satisfactory explanation for delay is given, an application to extend time may be granted if the application can demonstrate that to refuse it would result in a miscarriage of justice.' R v GV [2006] QCA 394.
An accused person can appeal (s668D):
* As of right (on questions of law)
* With leave on mixed questions of law and fact/questions of fact alone
* With leave against sentence.
Also note the possibility to reserve a point of law (s668B) during a trial upon the application for counsel for the accused.
The prosecution (that is, the Attorney General) can appeal (s669A):
* As of right against sentence
* As of right against a stay
There is no right of appeal on acquittal but a point of law may be referred (s669A(2)-(5)) (Note though that this does not affect the verdict).
Also remember s668A which allows for an Attorney-General reference on a pre-trial direction/ruling.
'An application to extend time for leave to appeal against conviction may be allowed if there is a satisfactory explanation for the delay. Even if no satisfactory explanation for delay is given, an application to extend time may be granted if the application can demonstrate that to refuse it would result in a miscarriage of justice.' R v GV [2006] QCA 394.
An accused person can appeal (s668D):
* As of right (on questions of law)
* With leave on mixed questions of law and fact/questions of fact alone
* With leave against sentence.
Also note the possibility to reserve a point of law (s668B) during a trial upon the application for counsel for the accused.
The prosecution (that is, the Attorney General) can appeal (s669A):
* As of right against sentence
* As of right against a stay
There is no right of appeal on acquittal but a point of law may be referred (s669A(2)-(5)) (Note though that this does not affect the verdict).
Also remember s668A which allows for an Attorney-General reference on a pre-trial direction/ruling.