There are two bases on which appeals can be filed:
- Appeals against Conviction; and
- Appeals against Sentence
An appeal against conviction can only be filed if:
- a significant error was made in the course of the Trial; or
- new evidence has arisen since the Trial; or
- no reasonable jury properly instructed could have come to the verdict that was delivered
An appeal against sentence can only be filed if:
- the sentence was manifestly excessive; or
- there was a palpable error in the sentencing process
The Director of Public Prosecutions is also able to appeal a sentence with 28 days of the sentence being down if it is manifestly inadequate.
The appeals process is complicated and it is important to seek experienced criminal lawyers to assist you in the process.
Contact us to discuss your options to file an appeal against conviction or sentence. We are experienced in Appeal matters in the County Court and Court of Appeal in Victoria and can provide you will advice on your specific circumstances.