Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Appeal Against Conviction
An appeal against conviction is not an appeal against the fact that a conviction was recorded against your name (that is a component of a sentence appeal). A conviction appeal is an appeal against a finding that you were guilty of an offence.
Appeals To The District Court
If you pled not guilty but were convicted in the Magistrates Court, you can generally appeal this decision in the District Court.
An appeal against conviction must be made in the District Court within 1 month of the decision. An appeal is made by filing a notice of appeal with the District Court registry or, if the appellant is in prison, with the general manager of that facility.
When considering an appeal against a Magistrate’s conviction, the District Court will determine the case afresh and sometimes it will hear new evidence (something a higher court, like the Court of Appeal, is generally not able to do).
Upon hearing an appeal against a Magistrate’s conviction, if you are successful the District Court has the power to reverse the Magistrate’s decision and order that you be acquitted of the charge.
Appeals To The Court Of Appeal
If you are convicted ‘on indictment’, which means in the District or Supreme Courts, you can appeal the decision to the Court of Appeal, the highest criminal court in Queensland.
An appeal to the Court of Appeal works differently to an appeal against a Magistrate’s decision in that you can only appeal against a conviction which you say is wrong as a matter of law. In these circumstances the Court of Appeal does not consider your case afresh, it considers the evidence as presented in your trial, and then determines whether the conviction was wrong at law.
You can, with the leave of the Court of Appeal, appeal against your conviction on other grounds, for example that the facts of the case against you were wrong, but this is often difficult to obtain this leave.
An appeal in the Court of Appeal, or an application for leave to appeal to that court, must be made within 1 month of the decision. Appeals are commenced by a notice of appeal being filed with the Court Registry or, if the appellant is in prison, with the general manager of that facility.
Upon hearing the conviction appeal, if you are successful the Court of Appeal has the power to quash your conviction and order that you be acquitted of the charge, or it can also quash your conviction and order that you be re-tried.
Should I Appeal My Conviction?
If you were convicted by a Magistrate, in particular if you did not have legal representation at your summary trial, it is likely to be worthwhile speaking with a lawyer about your prospects on an appeal against your conviction.
If you were convicted in the District or Supreme Courts, it is essential that you obtain competent legal advice about your prospects on an appeal against conviction. Because the Court of Appeal can only interfere with decisions involving an error of law, it is highly likely that complex legal argument will be required in order to persuade the Court that your conviction should be quashed. An application for leave to appeal on a different basis should also only be undertaken on advice from, and representation by, an experienced criminal lawyer.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000