If you, or someone you know, have been to court and are unhappy about a decision made by a Magistrate or Judge regarding a criminal matter, contact our team at Ondrik Larsen Lawyers immediately for advice about all rights to appeal.
Our criminal defence team are able to handle all appeals:
• From the Magistrates’ Court
• From the County Court
• From the Supreme Court
• To the Supreme Court of Appeal
• To the High Court of Australia
Whether or not you have a right to appeal your case can depend on factors including where your case was originally heard, and/or whether you are able to establish particular merits. Consequently, it is critical that you engage a highly skilled and experienced firm of solicitors who will give you the best advice regarding your prospects of appeal. Our criminal lawyers understand the complex and technical processes involved when appealing to a higher court and regularly work with leading criminal defence barristers who are renowned experts in appeal matters. We will work tirelessly to maximise your chances of success.
APPEALS FROM DECISIONS OF THE MAGISTRATES’ COURT
If you are unhappy with the decision of the Magistrates’ Court regarding a conviction and/or sentence, this decision may be appealed to the County Court of Victoria. A hearing of an appeal in the County Court will be a fresh hearing, meaning that you will have another chance to put your entire case forward, before a Judge of the County Court.
There are timeframes for making appeals to the County Court from a decision of the Magistrates’ Court, so it is important that you obtain legal advice about the result of your case as quickly as possible after a decision is made in the Magistrates’ Court.
To discuss your personal circumstances and your prospects on appeal, contact our experienced team at Ondrik Larsen Lawyers today.
APPEALS FROM DECISIONS OF THE COUNTY & SUPREME COURTS
There are certain circumstances where a decision of the County Court and the Supreme Court can be appealed to the Supreme Court of Appeal.
The Supreme Court of Appeal has the power to grant permission to appeal against sentence if:
• The trial Judge made an error of fact; or
• The trial Judge made an error of law; or
• The trial Judge took into account an irrelevant consideration; or
• The trial Judge failed to take into account a relevant consideration; or
• The sentence was manifestly excessive.
The Supreme Court of Appeal has the power to grant permission to appeal against conviction if:
• The verdict of the jury was unreasonable and cannot be supported by the evidence; or
• There was an error that lead to the substantial miscarriage of justice; or
• For any other reason if there has been a substantial miscarriage of justice.
There are timeframes for making appeals from the County Court and Supreme Court, so it is important that you obtain legal advice about the result of your case as quickly as possible after your sentence and/or conviction.
To find out whether your case would qualify for an appeal to the Court of Appeal, contact our experienced team at Ondrik Larsen Lawyers now.
APPLICATION FOR BAIL PENDING APPEAL
It is often the case that an Appeal will be listed some months after the original court decision (the decision you are appealing). If you are appealing against a sentence of imprisonment, our criminal lawyers will act immediately to make an application to have you released on bail pending the Appeal. For further information about Applications for Bail, click here or contact Ondrik Larsen Lawyers today.