Convicted Or Sentenced Unfairly? Speak To Our Experienced Appeals Lawyers Today
A conviction or sentence that feels unjust does not have to be the final word. The Victorian court system provides several ways to challenge a conviction, sentence or ruling. Which one applies, and whether you need the court’s permission to appeal, depends on the decision and the court that made it. The deadlines are short and the process has to be handled correctly.
Josh Smith Legal has won appeals in the County Court, the Supreme Court and the Court of Appeal, including quashed convictions, reduced sentences and retrials.
In many cases you have 28 days from the date of the decision, but some deadlines are shorter and the correct pathway depends on the court, the decision and the type of appeal. Miss the window and you must apply for the court’s permission to appeal out of time, which is an extra hurdle. If you are thinking about appealing, call us immediately rather than working out the deadline yourself.
Grounds For Appeal
- The sentence was manifestly excessive given the circumstances
- The verdict was not supported by the evidence
- There was a substantial miscarriage of justice at the original hearing
- The judge or magistrate made a legal error that affected the outcome
- Fresh evidence has emerged that wasn’t available at the original hearing
Not every case that feels unfair will succeed on appeal. We give an honest assessment of your prospects before recommending you proceed.
What An Appeal Can Achieve
- The conviction is quashed and you are acquitted
- The sentence is reduced to a more appropriate level
- A retrial is ordered and the case is heard fresh
We have achieved all three. Which of them is realistically open to you depends entirely on your grounds, and we will tell you straight if we don’t think any of them are.
Sentenced Recently?
If you’ve been arrested or charged call us immediately, we’re available 24/7
The Appeal Pathways In Victoria
These are different routes, not steps you climb one after another. Picking one can shut another one down, so it’s worth getting the choice right from the very start.
| If the decision was made in | The pathway is |
|---|---|
| Magistrates’ Court | Appeal conviction and sentence, or sentence alone, to the County Court by way of rehearing |
| Magistrates’ Court, on a question of law | Appeal to the Supreme Court |
| County Court or Supreme Court, at an original trial | Appeal to the Court of Appeal, ordinarily with leave |
| Court of Appeal | Apply to the High Court of Australia, only with special leave |
Act Quickly
If you’ve received a result that feels wrong, do not wait and assume nothing can be done. Appeal windows close quickly, and acting inside yours keeps every option open.
Call Josh Smith Legal immediately on 03 8658 5872 for an honest assessment of your appeal prospects.
Why Choose Josh Smith Legal?
Appellate work is a different discipline to running a trial. Here’s what sets us apart.
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A Record Across All Three Appellate Courts
We have successfully appealed outcomes in the County Court, Supreme Court and Court of Appeal, achieving quashed convictions, reduced sentences and retrials. Our 4.9-star rating from over 200 Google reviews.
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Honest Assessment Of Your Prospects
Not every unfair result will succeed on appeal. We give you a direct, honest assessment of your grounds and realistic prospects before recommending you proceed, so you can make an informed decision without spending money unnecessarily.
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We Move Fast, Because The Deadlines Are Firm
We’re available 24/7. Call us immediately after a result you want to challenge and we’ll work out which pathway applies, what your deadline actually is, and whether the grounds are there.
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Access To Victoria’s Leading Barristers & King’s Counsel
Appellate advocacy is its own discipline. Josh personally briefs senior counsel with appellate experience where the matter warrants it.
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Free Case Evaluation
The first conversation costs nothing and carries no obligation. If we don’t think an appeal will succeed, we’ll tell you.
Think You’ve Missed The Deadline?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Received An Unfair Result? Let Us Help You Get The Best Possible Outcome
A conviction or sentence that is wrong can be challenged, but only if you act quickly. The Victorian court system provides genuine pathways to appeal, and we have the experience to work out which one applies to you. If you are also facing fresh charges, see our criminal defence lawyers.
Call us immediately for a free, confidential assessment of your appeal prospects.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
Can I appeal a sentence I received after pleading guilty?
Yes. Even where you pleaded guilty you can appeal the sentence on the ground that it was manifestly excessive, meaning unreasonably heavy given all the circumstances. This is one of the most common types of appeal.
I think my deadline has passed. Can I still appeal?
You must apply for leave, meaning permission, to appeal out of time. The court will consider why you didn’t act within the period that applied. It remains possible, but the sooner you act the better.
How long does an appeal take?
A County Court appeal from the Magistrates’ Court can often be heard within a few months. Higher appeals take longer. Timing varies with the court, the complexity of the matter and current listing availability.
This page is general information about criminal appeals in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
