Appeal Lawyers Melbourne

• Appeals to the County Court of Victoria
• Appeal Error of Law From Magistrates’ Court
• Appeals to the Court of Appeal
• Appeals to the High Court of Australia
• Appealing an Animal Cruelty Offence

Are You Looking to Appeal a Court Decision?

If you’re unhappy with a court’s decision, you may have the option to appeal the ruling in a higher court within Victoria. Whether you wish to appeal a sentence, or a conviction handed down in the Magistrates’, County, or Court of Appeal, the process is intricate—especially in higher courts. It’s essential to consult with experienced legal professionals who can assess your chances of a successful appeal.

Our expert criminal lawyers have extensive experience navigating the appeals process and regularly collaborate with Victoria’s top barristers to handle complex appeals, including:

• Sentence appeals (Magistrates’ Court to County Court, County Court to Supreme Court or Court of Appeal)
• Conviction appeals (Magistrates’ Court to County Court, County Court to Supreme Court, Court of Appeal, or High Court appeals involving serious offences like murder, jury cases, and sexual offences)

For confidential, 24/7 legal advice, call us at 1800 130 120 or email us at marcus.mklawfirm.com.au. We often assist clients with the appeal process following unsuccessful attempts by other law firms.

How to Apply for an Appeal

To start an appeal, the defendant must obtain leave from the court handling the matter. This involves filing an application and providing written or oral submissions explaining why an appeal of the sentence or conviction is sought. The judge will then determine whether the case merits an appeal.

Important Time Limits for Appeals

Strict time limits apply in all courts for filing an appeal. Generally, a defendant has 14 business days from the date of the decision to file an appeal. Filing after this period requires additional leave for a late appeal, which complicates the process and doesn’t guarantee acceptance. It’s best to file within the specified period to avoid this.

Understanding the Court of Appeal

The Court of Appeal typically handles appeals from the County and Supreme Courts, though the offences eligible for appeal are limited. The prosecution can also appeal certain decisions (known as director’s appeals), but this right is reserved for specific circumstances. The appeal court may uphold or increase the original sentence.

Recent Appeal Cases

Our team has managed various appeal cases, including:

• Appeals outside the time limit (Magistrates’ to County Court)
• Error of law appeals (Magistrates’ to County Court)
• Driving while suspended charges (Magistrates’ to County Court)
• Serious DUI charges (Magistrates’ to County Court)
• Drug trafficking charges (sentence appeals)
• Appeals to the High Court following unsuccessful lower court appeals

For more information on recent appeal cases, visit our website publications.

What happens next:

If you are considering appealing, consult with experienced defence lawyers who can thoroughly assess your case and provide guidance on the best course of action.

Contact MK Law for 24/7 legal advice on 1800 130 120 or marcus@mklawfirm.com.au

Prompt legal assistance is critical for preparing for appeals and achieving a favourable outcome.