Appeals

Appeals of conviction or sentence are typically heard in the Victorian Supreme Court of Appeal after a Trial or Plea in the County Court of Victoria or the Supreme Court of Victoria.

It’s also possible to appeal a decision made in the Magistrates’ Court. If you’re wanting to dispute a sentence or a finding of guilt from a Magistrate an application will need to be made and your matter will be heard in the County Court of Victoria.

There are strict time limits that apply to Appeals! 

If you or a loved on needs advice, please contact us as soon as possible to discuss your case.

An appeal against a sentence in the State of Victoria is a formal request made by a convicted individual or their legal representative to have the sentence given by a lower court reviewed by a higher court.

It is a legal process where the defendant, who is not satisfied with the punishment given for their crime, seeks a lighter or different sentence or penalty. This can be due to various reasons such as the sentence being deemed too harsh, not aligning with legal guidelines or a combination of factors that the Court of first instance should have taken into consideration but failed to do so.

Find out more about Sentence Appeals in Victoria.

Usually, a conviction appeal is filed with the Court of Appeal after a trial where the accused has been found guilty by a jury. The appellant, through their criminal defence lawyers, may have identified an error in the trial or in the judge’s charge to the jury which compromised the trial and led to the conviction.

The appellant may argue that the jury was wrong in convicting them, that the conviction is unsafe and should be reversed in what is referred to as a ‘merit’s appeal’.

Steps to launch an appeal against a sentence in the State of Victoria are as follows:

1. Obtain Legal Advice: Seek our advice to evaluate the prospects of a successful appeal. This step is essential as it helps determine whether it’s in your best interest to proceed with the appeal.
2. File a Notice of Appeal: This is a formal document that states the intention to appeal. It must be filed within 28 days of the sentence. If you miss this deadline, you may need to seek leave (permission) to appeal.
3. Grounds of Appeal: These must be identified and mentioned in the Notice of Appeal. They could be that the sentence was harsh, excessive, or that there was an error of law in imposing it.
4. Appeal Hearing: Once the Notice of Appeal has been filed, the Court of Appeal will set a date for the appeal hearing. Both the appellant and the prosecution present their arguments, and the Court of Appeal makes a decision.
5. The Decision: After considering all presented arguments and evidences, the Court of Appeal can decide to dismiss the appeal, change the sentence, or order a retrial.