Appealing an error of law from the magistrates Court
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Appealing an error of law from the Magistrates Court is a strategic process that can be highly technical, involving an understanding of procedural requirements and the grounds for appeal.
Here’s a breakdown of the key points for consideration:
1. Eligibility to Appeal
- If a defendant is convicted in the Magistrates Court of Victoria, they may apply to appeal an order on a legal question to the Supreme Court of Victoria (under s 272(1) of the Criminal Procedure Act 2009 (Vic) (CPA)).
- Note that this right does not apply in the case of committal hearings.
2. Legal Grounds for Appeal
- The appeal must specifically relate to a legal issue rather than a factual one. This could involve situations where the Magistrate misinterpreted or misapplied the law, or relied on evidence that was inadmissible.
- If the Supreme Court accepts the appeal, a separate appeal for sentence or conviction in the County Court is not permitted (s 273 CPA).
3. Importance of Professional Advice
- Given the complexity of appealing on an error of law, it’s essential to seek legal advice from specialists. Experienced lawyers can assess whether appealing on a legal question to the Supreme Court or on sentence/conviction grounds to the County Court offers a stronger prospect of success.
4. Key Considerations Before Appealing
To determine if an appeal is appropriate, consider:
- Did the Magistrates Court apply the correct legal test?
- Was the evidence sufficient to support factual findings?
- Could a reasonable Magistrate have reached the decision based on the evidence available?
- Does the interpretation of the law align with the relevant Act?
- Merely arguing the decision was against the weight of the evidence is insufficient; there must be evidence of an error in how the Magistrate considered or applied the law.
5. Time Limits
- Appeals must be lodged within 28 business days of the Magistrates Court’s decision. Failing to meet this deadline requires seeking leave for a late appeal, which complicates the process and does not guarantee acceptance.
6. Possible Outcomes of an Appeal
- If the Supreme Court finds an error of law, it may:
- Return the case to a different Magistrate for a re-hearing,
- Decide the matter itself if the evidence supports it and it aligns with public interest,
- Dismiss the appeal if the error does not justify a reversal or retrial.
7. Case Example: Engebretson v Bartlett
- Facts: The defendant was convicted of recklessly causing serious injury. The defence argued self-defence, but key evidence supporting this was excluded by the Magistrate.
- Issue: The appeal questioned whether the exclusion of evidence was correct.
- Decision: The Supreme Court determined the evidence was improperly excluded, marking an error of law. The case was returned for re-determination by a different Magistrate.
If you believe there was an error of law in your case, consult an appeal lawyer to assess the chances and benefits of appealing to the Supreme Court.
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
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I recently used the services of Gabrielle Yozefovich of MK Law firm. Gabrielle gave exceptional legal representation and support during this tryi... Read MoreI recently used the services of Gabrielle Yozefovich of MK Law firm. Gabrielle gave exceptional legal representation and support during this trying time. From the very beginning, your professionalism, expertise, dedication have been evident as a highly experienced and skilled senior lawyer . She was confident and well prepared for the case and even managed to get the best possible outcome that we were hoping for. I cannot thank Gabrielle and the team enough for the service they have provided. I would highly recommend Gabrielle Yozefovich of MK Law firm to anyone that needs legal representation. Thank you all for your exceptional efforts. Read Less55/5
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When I first contacted MK Law for my court matter I was extremely stressed and felt as if I had lost all hope. From first contact all the way up t... Read MoreWhen I first contacted MK Law for my court matter I was extremely stressed and felt as if I had lost all hope. From first contact all the way up to my final day at court my lawyer Gabrielle was absolutely brilliant. As a highly experienced and skilled senior lawyer she went to great lengths to ensure I was aware of every step of the process and did everything she could to reach the best possible result, even better than we discussed before going into court which was definitely a very welcome surprise. Thank you again MK law, especially Gabrielle, I can not recommend you enough! Read Less55/5
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.
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