Victoria Legal Aid Handbook for Lawyers

Guideline 7.7 – appeal against conviction/conviction and sentence in the Court of Appeal

Victoria Legal Aid (VLA) may make a grant of legal assistance for an appeal against conviction or conviction and sentence in the Court of Appeal where:

  • the applicant was sentenced to a term of immediate imprisonment or detention (unless the applicant is a child)

and

  • 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)

and

  • there are reasonable grounds for the appeal, which is demonstrated by either:
    • the verdict of the jury being unreasonable or not supported having regard to the evidence
    • a substantial miscarriage of justice was caused by an error or irregularity in or in relation to the trial
    • a substantial miscarriage of justice was caused by any other reason.

and

  • it is reasonable to provide legal assistance, having regard to all of the circumstances including any benefit or detriment that may accrue to the applicant or to the public.

'Child' means a child as defined in section 3(a) of the Children, Youth and Families Act 2005 (Vic).External Link

Documentary requirements

Applications under this guideline are only made by the standard grants assessment process.

A lawyer on the section 29A practitioner panel seeking a grant of legal assistance should submit an application via ATLASExternal Link for assessment, including the listed documents and information:

  • relevant proof of means
  • whether the proposed appeal is a second appeal under Part 6.4 of the Criminal Procedure Act 2009,

and

  • if and when these become available:
    • the advice of trial or appellate counsel
    • the relevant court transcripts and judgments
    • copies of, or a statement setting out the nature of, the fresh evidence.

Reviewed 04 April 2023

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