Appeals from Decisions
of the Magistrates’ Court and Children’s Court

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criminal lawyers melbourne

Decisions of the Magistrates’ Court and the Children’s Court may be appealed to the County Court. The appeal to the County Court may be against sentence or conviction and is dealt with by way of a new hearing.

If an appeal is being made against a sentence of imprisonment, an application for appeal bail can also be made. For more information see Bail Applications/Variations.

In limited circumstances, an appeal may be made from the Magistrates’ Court to the Supreme Court on a point of law.

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Appeals from Decisions of the County Court and Supreme Courts

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Decisions of the County Court and Supreme Court may be appealed to the Court of Appeal in certain circumstances.  Appeals of this nature are only heard by way of a new hearing if the Court of Appeal orders a re-trial.

To make an application to the Court of Appeal, the Court must first grant leave (permission) to appeal.

The Court of Appeal can grant leave to appeal a 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 there has been a substantial miscarriage of justice.

The Court of Appeal can grant leave to appeal a 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 an irrelevant consideration; or,

  • The sentence was manifestly excessive.

Talk to a Professional Today

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At Leanne Warren & Associates we are highly experienced with appeal matters. We act in appeals on a regular basis.

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Testimonials

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Good Morning Leanne,

Thank you so much for your time and effort spent on this matter.

We really appreciate your expertise and support throughout this stressful period.

We also thank you Ashlea for her professional representation in this matter.

We are happy with the outcome and once again, we would like to thank you and your team for your exceptional legal services provided to us.

Anon

"Just a short note to say thank you to you and your team for representing me in what was arguably the worst period in my life.

From the start you assured me that everything will work out and quite frankly, l didn’t believe you. l have learnt from you, that even if you make a mistake and ultimately take ownership, not only does it teach you: 1. Not to put yourself in that position again 2. You can be given a second chance 3. With the right Legal representation you can achieve a favourable result.

Thank You for trying to keep me calm throughout this long process. Wish you all the best in the future as mine looks rosy now."

Nic

"Thank you Stacey for assisting and getting a great outcome. We are grateful and very relieved."

Sam

"Thank you very much for your assistance in dealing with my matters. You came into my life when I needed an angel to assist me and thank you for doing what you do. Love your work!"

Grae

"I am extremely happy with the outcome of court it couldn’t have gone any better and It’s all thanks to you and Angela. I cannot express my gratitude enough for what you have done for me and my situation. I also cannot express how much I appreciate everything.

I will forever be grateful for your support and help throughout this whole thing. So again thank you so much! Could you please pass on the message to Angela and tell her how much I appreciate her help as well !"
Tom

"Neil and I would both like to acknowledge the exceptional manner in which you have dealt with our challenging situation. Iva has been terrific to deal with and very patient in difficult circumstances. We are pleased with the outcome today and both feel she did a great job on our behalf.

We would not hesitate to recommend your company to anyone and wish you success and prosperity in the future."
Jenny

"Dear Leanne,

As per our discussion this afternoon, I am willing to accept the prosecutors offer of dropping all charges against me. Please pass on my thanks to Matt for his involvement in this matter, and of course a big thanks to yourself also. I’d give you guys a hug if I could for the professionalism and care that you show in your practice.
All the best to you and your team,"
Ben

"Just wanted to thank you again for today. I’m still in awe at how well it went down today and so quickly all without you barely speaking. My daughter was so happy to see me home when she got home from school. You are a true gem. I am truly grateful, you were the only one who showed me an ounce of interest in my hour of need.

Thank you, thank you thank you. With a performance like today you are going very far in your career!"
Serena

"It’s just started to sink in, what happened at court today and I would like to thank you again for your understanding and support. You made it all much easier J. I am driving back home to work my butt off so I can start my life again."

Matt

"Just wanted to thank you for all the work you have done for my case, charges dropped, good result etc. I really appreciate all you have done for me over the years, so thank you."

Craig

"Cannot ask for a more professional Law firm. Kate was very professional and is the best criminal lawyer. Thank you, Leanne Warren, for putting me on to Kate to represent me; she's the best!"

Michael

Get the Help You Need

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If you would like to make an application to The Court of Appeal please contact one of our specialists immediately at Leanne Warren & Associates on 03 9670 6066 or schedule a FREE 30 min. consultation by clicking on the button below.
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