If you have been convicted of a criminal offence or received a sentence you believe is too harsh, you may have grounds to appeal. McMahon Criminal Defence Lawyers provides experienced representation in criminal appeals, appearing in the County Court, Supreme Court, and Court of Appeal.
Types of Criminal Appeals in Victoria
Appeals from the Magistrates Court are heard by the County Court and can be made against conviction, sentence, or both. Appeals from the County Court are heard by the Court of Appeal. An appeal must generally be lodged within 28 days — time limits are strictly enforced, so seek advice promptly.
Grounds for Appeal
Common grounds include: errors of law made by the trial judge or magistrate, a conviction that was unreasonable or unsupported by evidence, a manifestly excessive sentence, or fresh evidence not available at trial. We will honestly assess your prospects before you commit to the process.
The Appeals Process
The process involves filing a notice of appeal, preparing written submissions, and appearing before the court. We handle every aspect of the appeal on your behalf.
Frequently Asked Questions
How long do I have to appeal?
Generally 28 days from the date of conviction or sentence for Magistrates Court appeals. Contact us as soon as possible after sentencing.
Can I appeal a sentence I agreed to?
Yes, you can appeal against a sentence even if you pleaded guilty, if the sentence was manifestly excessive or the judge made an error.
What happens if my appeal is successful?
A successful conviction appeal may result in the conviction being quashed and a new trial ordered, or acquittal. A successful sentence appeal results in a new sentence being imposed.
Get Expert Legal Advice — Fixed Fees, No Surprises
McMahon Criminal Defence Lawyers is located directly opposite the Ballarat Magistrates Court. Call us today for a confidential consultation.
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Contact us today for a confidential consultation with an experienced criminal defence lawyer.