Criminal Appeals Lawyers Melbourne

Our experienced appeals solicitors can advise and represent you for an appeal to any court in Victoria

If you would like the decision of a court to be reconsidered, you will need to submit a formal appeal

Submitting an appeal can be a complicated process and may result in a higher penalty being imposed if you are found guilty again

JDA Law’s criminal law solicitors can help you understand the appeals process and represent you in court

Need immediate assistance in relation to an appeal?

Call James Dowsley & Associates 24/7 on (03) 9781 4900

JDA Legal Criminal Appeals Lawyers experienced appeals solicitors scaled

The Appeal Process

The process for initiating and hearing an appeal differs 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 may submit an official appeal to a higher court

The Notice of Appeal must be filed within 28 days of the sentencing

A hearing date will be set and the matter will be heard by the appropriate court

At the trial, the defendant will be required to enter a plea of guilty or not guilty, and the Prosecution will be required to present their case in its totality once more

The defendant may be found guilty or not guilty by the court. If found guilty, a penalty may be imposed which can be higher than the original penalty

We can appeal decisions from:

Magistrates’ Court to County Court

County Court to Court of Appeal (Supreme Court)

Court of Appeal to High Court

At any stage, the appellant may abandon the appeal. 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 its state before the appeal was made.

Qualified legal advice can assist you in making informed decisions at every stage of the appeals process.

Types of 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 effects on your case.

The general hierarchy of courts in Victoria, from highest to lowest, is:

Supreme Court of Victoria, Federal Court of Australia, Family Court of Australia
County Court of Victoria, Federal Circuit Court of Australia
Magistrates’ Court of Victoria
VCAT, Coroners Court of Victoria, Children’s Court of Victoria

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

Appealing a Supreme Court Decision

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.

Appealing a County Court Decision

If you are dissatisfied with the conviction or penalty ordered by the County Court, you may be able to make an appeal to the Supreme Court of Victoria Court of Appeal within 28 days of sentencing.

Appealing a Magistrates’ Court Decision

Appealing a Magistrates’ Court Decision
Magistrates’ Court decisions may be made to either the County Court, or in some cases, the Supreme Court of Victoria. You have 28 days from the date of the Magistrate’s decision to make an appeal.

Other Appeals and Appeal Related Motions Include:

Appealing a decision made by the Children’s Court
Requesting a judicial review

Need a Criminal Lawyer for an Appeal Hearing?

Call JDA 24 hours a day for immediate support. Contact our criminal lawyers on (03) 9781 4900 for advice in relation to all criminal appeals matters in Victoria.

Request a Free Consultation

Key contacts

Speak to our criminal law specialists

Adrienna Kisvarda

Criminal Defence Lawyer Frankston

(03) 9781 4900 - adriennak@jdalaw.com.au

Kymberley Skillen

Criminal Defence Lawyer Dandenong

03 8788 5600 - kyms@jdalaw.com.au

Melainie Vinton

Criminal Defence Lawyer Dandenong

03 8788 5600 - melainiev@jdalaw.com.au

Scott Kaiser

Criminal Defence Lawyer Frankston

Scott was admitted into the Legal Profession in September 2019

03 9781 4900 - scottk@jdalaw.com.au

Stacey Stanley

Criminal Defence Lawyer Frankston

03 9781 4900 - staceys@jdalaw.com.au

Ben Hanley

Criminal Defence Lawyer Frankston

03 9781 4900 - benh@jdalaw.com.au

Lorna Williamson

Criminal Defence Lawyer Frankston

03 9781 4900 - lornaw@jdalaw.com.au

Anthony Maselli

Criminal Defence Lawyer Melbourne

03 8602 1400 - anthonym@jdalaw.com.au

James Dowsley

Principal & Accredited Criminal Law Specialist

James has been involved in the Criminal Justice System as a Lawyer for over 25 years and gained his Specialist Accreditation from the Law Institute of Victoria in 2002. Being a dedicated advocate for clients human rights, James has a passion for defending his clients in the Australian Courts.

03 8602 1400 - jamesd@jdalaw.com.au

Shaana Wilk

Criminal Defence Lawyer Moorabbin/Highett

Since completing her Articles of Clerkship in Criminal Law and Commercial Litigation at Birch Ross & Barlow Solicitors, Shaana has practiced solely within the Criminal Law jurisdiction. Joining the JDA family in 2010, Shanna began her at our Frankston office. Since 2012 Shanna has been the sole solicitor at our Moorabbin/Highett office.

03 9555 4442 - shaanaw@jdalaw.com.au

Domenic Care

Accredited Criminal Law Specialist – Criminal Defence Lawyer - Melbourne

Domenic Care joined James Dowsley & Associates in 2013. He appears regularly in the Magistrates’ Court, County Court and Children’s Court of Victoria for matters including plea hearings, contested bail applications and appeal hearings.

03 8602 1400 - domenicc@jdalaw.com.au

Kieran Reynolds

Accredited Criminal Law Specialist – Criminal Defence Lawyer

Kieran joined the JDA family in 2015 having worked at several large Criminal Law firms since 2004. He regularly appears in both the Magistrates Court and County Court in a diverse range of matters. Kieran was admitted as an Accredited Criminal Law Speciality in 2009 and has maintained his Specialist Accreditation every year since. He is committed to ensuring that the rights of his clients are upheld in court.

03 8602 1400 - kieranr@jdalaw.com.au

Brett Barratt

Criminal Defence Lawyer - Melbourne

Brett joined the JDA family in 2013 as a law clerk. He has since then worked as a paralegal at our Dandenong office between September 2015 and March 2016. Commencing as a Lawyer at our Frankston office in March 2016. He appears regularly on behalf of clients facing a range of summary and indictable criminal matters in the Magistrates’ Court. Brett also instructs counsel and assists in the preparation and running of complex indictable criminal cases in the County Court.

03 8602 1400 - brettb@jdalaw.com.au

Jackson McLeod

Criminal Defence Lawyer Frankston

Having previously interned at the Victorian Law Reform Commission, JobWatch Victoria and Refugee Legal and the Asylum Seeker Resource Centre, Jackson has dedicated his career to providing access to justice to those who need it most. He regularly appears in the Magistrates’ Court and has instructed in the County Court. Jackson applies his keen attention to detail and broad knowledge of the law to all of his matters, and capably and professionally handles pleas, bail applications and case conferences at the Magistrates’’ Court.

03 9781 4900 - jacksonm@jdalaw.com.au

Bridie O’Malley

Criminal Defence Lawyer Dandenong

Bridie joined the JDA family in 2014 commencing as a volunteer law student, assisting in the formation of our Intervention Order section. Graduating to become a paralegal at our Dandenong office in 2016 and joining our team of lawyers in 2017.

03 8788 5600 - bridieo@jdalaw.com.au

Sally Abel

Business Manager

03 8788 5600 - aghk@jdalaw.com.au

Lucy Mcphail

Office Manager

03 8788 5600 - lucym@jdalaw.com.au