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Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.

- Client

Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.

- Client

I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!

- Client

I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.

I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks

- Client

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.

- Client

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.

- Client

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Michelle Makela - Legal Practice Director

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...

Sentence Appeals

An appeal against sentence, also called a severity appeal, is not an appeal against the finding that you are guilty of an offence. A sentence appeal is an appeal against the penalty imposed for your offence.

Appeals To The District Court

Whether you pled not guilty or guilty and were convicted and sentenced in the Magistrates Court, you can appeal against the penalty imposed on you in the District Court.

An appeal against sentence 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 sentence, 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 sentence, if you are successful the District Court has the power to reverse the magistrate’s decision and impose a different sentence itself. In some unusual cases the District Court can order that the matter be remitted, or sent back, to the original magistrate for them to reconsider the penalty.

Appeals To The Court Of Appeal

If you are sentenced in the District or Supreme Courts, you can appeal against the penalty imposed on you in the Court of Appeal, the highest criminal court in Queensland, only if that court gives you permission to do so.

An application for leave to appeal against a sentence in the Court of Appeal, must be made within 1 month of the sentence being passed. An application for leave is commenced by a notice of application for leave to appeal being filed with the Court Registry or, if the appellant is in prison, with the general manager of that facility.

If you are granted permission to appeal against your sentence, and if you are successful, the Court of Appeal has the power to overturn the original decision and substitute a different sentence of its own.

Should I Appeal My Sentence?

Sentence appeals, whether against a magistrate’s sentence or a penalty imposed in the District or Supreme Courts, all require you to satisfy the appellate court that your sentence was too harsh, something called “manifestly excessive”. There are many ways to do this, for example by pointing out the ways in which mitigating factors were not properly taken into account, or drawing attention to other cases, comparable to yours, in which lesser penalties were imposed.

An appeal against sentence will normally involve a good deal of persuasive argument on your behalf and it is highly advisable that you do not undertake an appeal, or seek leave to appeal, without guidance and representation from an experienced criminal lawyer.

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

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.

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