Appeals
About appeals
Criminal Appeals in Victoria: An Overview
If you have been convicted or sentenced and believe the outcome was wrong, you may be able to appeal — but you usually have only 28 days, and the process depends on which court dealt with your matter. This page gives a plain-English overview and points you to more detailed information. For full guidance on how we run appeals, see our main criminal appeals page, or contact us without delay if time is short.
There are two broad situations:
- From the Magistrates’ Court — you can appeal to the County Court, where the matter is heard de novo (“from new”), meaning entirely afresh. You do not need to prove the magistrate made an error.
- From the County or Supreme Court after a trial — you appeal to the Court of Appeal, which is not a rehearing: you must identify a specific legal error and usually need the court’s leave (permission).
Appeals against convictions
Appeals Against Conviction
An appeal against conviction challenges a finding of guilt — for example, on the basis that the verdict was unreasonable or that a legal error affected the trial. The path and the test depend on whether you were convicted in the Magistrates’ Court or in a higher court after a jury trial.
Appeals against sentences
Appeals Against Sentence
An appeal against sentence asks a higher court to review the penalty imposed — usually on the basis that it was manifestly excessive or that the sentencing court made an error. Be aware that on some appeals the court can also increase a sentence, so advice on the risks is essential.
Courts
Magistrates' Court
What is a De Novo Appeal?
A de novo appeal is the appeal from the Magistrates’ Court to the County Court. “De novo” means “from new”: the County Court judge hears your case again from the beginning and is not bound by the magistrate’s decision. You do not have to identify a specific error — you simply ask the higher court to reach its own conclusion. In many cases you are not even bound by a guilty plea entered in the Magistrates’ Court, which makes this a valuable second opportunity.
County or Supreme Court
Strict Time Limits Apply
For almost all criminal appeals the time limit is 28 days from the date of sentence, and it is strictly enforced. If that period has passed you must apply for an extension of time, which is not guaranteed. If you are even considering an appeal, get advice immediately so the option is preserved.
Launch an appeal against sentences in the State of Victoria
How to Start an Appeal
In outline, an appeal involves obtaining advice on prospects, filing a Notice of Appeal within time, identifying any grounds (for higher-court appeals), and appearing before the court. If you were sentenced to imprisonment, you can apply for bail pending the appeal. We handle every step.
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