Our experienced appeal solicitors can advise and represent you for an appeal at any court in Victoria.

If you would like the decision of a court to be reconsidered, you will need to lodge notice of your appeal with the relevant court within the required time frame
Lodging an appeal can be a complicated process and an appeal can potentially result in a higher penalty being imposed if you are unsuccessful
JDA Law’s criminal law solicitors can help you understand the appeal process and represent you in court

What Is Criminal Appeal?

If you disagree with a Magistrate or Judge’s decision or the sentence that has been imposed upon you then you can have the matter heard in an appeal court.

Everyone has the right to appeal either a conviction and/or sentence to the County Court of Victoria where that person has been found guilty or sentenced in the Magistrates’ Court. If a person is convicted or sentenced in the County Court or Supreme Court, they can lodge an appeal with the Court of Appeal (Supreme Court of Victoria) and the Court of Appeal will consider whether that offender should be permitted to have an appeal heard before that court.

A major factor in the appeal process is whether a lawyer agrees that the conviction should not have occurred or that the sentence imposed is excessive. Advice of a lawyer who practices exclusively in the criminal law is essential in determining whether or not an appeal has merit.

Criminal Appeals Lawyers Melbourne

The Process

The process of initiating and hearing an appeal can differ slightly depending on the court that the original matter was heard in.

Generally, the following will occur for criminal appeals:

After being found guilty, if an individual is not satisfied with the conviction or the penalty imposed, they can lodge an appeal against the conviction and/or sentence in a higher court
The Notice of Appeal must be filed within 28 days of the date that the person was sentenced
There are a number of different options available in relation to conviction appeals, however in relation to appeals against sentence the court ordinarily determines whether the sentence in the lower court was too harsh or too lenient and if so it imposes a new sentence

We are routinely involved in the appeal of decisions from:

Magistrates’ Court to County Court
County Court to Court of Appeal (Supreme Court)
Court of Appeal to High Court of Australia

At any stage, the appellant may abandon the appeal. If so, they must file the appropriate notice and the relevant court must make an order to strike out the appeal. The original sentence is then imposed and the case returns to the state it was in before the appeal was made. Getting qualified legal advice can assist you in making informed decisions at every stage of the appeals process.

What Happens In A Criminal Appeal Hearing?

If you are considering appealing a decision you should seek advice regarding the merits of the appeal and the likelihood of success.

If you are appealing from the Magistrates’ Court to the County Court in relation to a conviction. The conviction appeal will proceed before a Judge of the County Court. Simile, appealing a sentence from the Magistrates’ Court will result in the matter being heard and determined on appeal by a Judge of the County Court.

The appeal hearing involves very similar procedure to how a matter proceeds in the Magistrates’ Court.

A Judge on appeal can either impose a lighter sentence, a greater sentence or the same sentence as the learned Magistrate. If the Judge is considering imposing a harsher sentence, they are legislatively required to inform the appellant who can reconsider if they wish to persist with the appeal.

Types of Criminal Appeals

An appeal is a higher court’s review of a decision made by a lower court or tribunal.

Each court has their own appeal process and possible effect on your case. Our solicitors commonly appear in the County Court in relation to appeals against sentences imposed in the Magistrates’ Court. We instruct Counsel briefed in relation to conviction appeals in the County Court, appeals to the Court of Appeal and High Court.

The general hierarchy of courts in Victoria, from highest to lowest as it relates to the criminal law, is:

Court of Appeal (Supreme Court of Victoria)
Supreme Court of Victoria
County Court of Victoria
Magistrates’ Court of Victoria & Children’s Court of Victoria

See below for information on appealing decisions made by certain courts within Victoria.

Appeals for criminal sentences imposed by the Supreme Court of Victoria are heard in a specific division of the Supreme Court called the Court of Appeal. Appeals from the Court of Appeal are then heard in the High Court.
Appeals may be made against the conviction, or against the specific penalties imposed.
Reasons for appeal against conviction include:
- The verdict of the jury was unsafe and unsatisfactory and not supported by the evidence in the matter
- Evidence of a significant miscarriage of justice
Penalties that may be appealed include:
- The recording of a conviction in relation to a sentence imposed
- A term of imprisonment
- Fines
If you are dissatisfied with the conviction or penalty ordered by the County Court, you may be able to make an appeal to the Court of Appeal within 28 days of sentencing.
The conviction itself, or the specific penalties imposed may be appealed. Reasons for appeal against conviction include an unsafe or unsatisfactory jury verdict, a fundamental irregularity in the trial process or a miscarriage of justice.
The Court of Appeal can impose a more severe penalty than originally given, so it is important to fully understand the process and the risks.
Magistrates’ Court decisions can be appealed to the County Court, or in some cases where it relates to a question of law, to the Supreme Court of Victoria. You have 28 days from the date of the Magistrate’s decision to lodge an appeal. The same applies in relation to a sentence imposed in the Magistrates’ Court.
Appeals to the County Court may be made:
- Against the sentence
- Against the conviction
- Against conviction and sentence
Appeals to the Supreme Court may be made on:
- A point of law
- Convictions and sentences made by the Chief Magistrate
Once an appeal of a Magistrates’ Court decision is made to the Supreme Court, you forgo the right to appeal to the County Court at any point.
Therefore, choosing which court to appeal to if you are dissatisfied with the ruling of a Magistrates’ court is important and may have irrevocable ramifications. The advice of an expert appeals lawyer is critical.
Proper and specific legal advice can help you choose the most appropriate course of action for your case.
- Appealing a decision made by the Children’s Court
- Requesting a judicial review