Victoria Legal Aid (VLA) may make a grant of legal assistance for an appeal against sentence where:
- the applicant was sentenced to a term of immediate imprisonment or detention (unless the applicant is a child)
- there are reasonable grounds for the appeal
- there is a reasonable prospect of the appeal resulting in a lesser total effective sentence, youth detention order, non-parole period or period prior to recognisance release order (unless the applicant is a child)
Where the applicant relies upon the ground of manifest excess as their sole ground of appeal, VLA may make a grant of legal assistance for leave to appeal where both:
- if they are available:
- the advice of trial or appellate counsel
- the relevant court transcripts and judgments.
- where manifest excess is the sole ground relied upon:
- material demonstrating how the trial or plea judge gave insufficient weight to particular factors in mitigation
- such that the sentence fell wholly outside the sentencing range available in that particular case
- Sentencing Advisory Council statistics, and
- any comparable cases.
Reviewed 19 April 2023