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Prosecution and Attorney-General Appeals

The prosecution, also called the Crown, has the power to appeal against decisions in criminal matters (either by a magistrates or the district or supreme courts). It is rare for Crown appeals to be brought against acquittals (that is, a finding that a person is not guilty of an offence). It is common for Crown appeals to be brought against sentences which they say are manifestly inadequate, that is, too lenient.

In addition to the right of the prosecution or bring appeals, the attorney-general, who is a government minister, is specifically empowered to bring appeals against decisions on the law as well as sentences made and passed by a court in Queensland. Attorney-general appeals are generally reserved for matters of widespread public interest, or matters of law which are of general importance.

If you have been acquitted of a charge and are now the subject of a prosecution or attorney-general appeal it is essential that you obtain legal advice and representation. Similarly, if your sentence is the subject of a Crown appeal it is important that you speak with a lawyer about your case as soon as possible.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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