Sentences  /  Conviction

Conviction Appeal
Lawyers In Melbourne

Sentences  /  Conviction

Conviction Appeal
Lawyers In Melbourne

Over 2% of prisoners are wrongfully convicted

Don’t allow incompetence or injustice result in your imprisonment. Contact Garde Wilson lawyers and find the fairness you’re after.

Being wrongfully found guilty of a criminal charge is a harrowing experience, and new rules put into effect in July 2021 impose new criteria on appeal applications – making it harder than ever before to appeal a conviction.

Garde Wilson Lawyers are criminal appeal experts, with decades’ of experience picking up cases in Melbourne and around Australia, where other lawyers have failed or where judges and juries have made grave errors of judgement.

Our team possesses an unmatched knowledge of criminal law procedure, providing you every possible opportunity to obtain a leave to appeal and then have your conviction successfully overturned.
If you are dissatisfied with your last Melbourne criminal lawyer’s efforts and didn’t get the outcome you deserved, Garde Wilson Lawyers can offer accurate legal advice about your changes of appeal and provide powerful representation in court.

What is a Conviction Appeal in Victoria?

An appeal against conviction is made when due to poor representation or judicial error, you have been found guilty by a Melbourne court of a criminal charge. In making an appeal of this kind, you are requesting the court re-examine the decision made by the original judge or jury in order to have the conviction overturned.
To be successful, an appeal against conviction must show:
  • A jury’s verdict is unreasonable and cannot be supported with regard to the evidence, or
  • There has been a serious miscarriage of justice causing the fairness of the trail to be compromised.

Due to the recently enacted  amendments to the Criminal Procedure Act 2009 (Vic), a raft of new rules and procedures has changed how convictions against appeal are done.

To start with, appeal cases heard in the County Court are no longer reheard from the beginning and new evidence may only be considered where the court determines it to be in the interests of justice.
Instead of hearing cases again in their totality, County and Supreme Courts will rely on transcripts of evidence, submissions made during the original hearing, and the Summary of Appeal Notice which contains the grounds for making the appeal.
Examination, cross-examination or calling new witnesses, and introducing new evidence will only be permitted once permission has been granted by the court. Leave will only be granted by the court if the court is satisfied it is the interests of justice to do so.

conviction

Conviction Appeals from the Magistrates Court to the County Court

The process of applying for leave to appeal against conviction from the Magistrates Court to the County Court is essentially the same as that of an appeal against sentence.
Once convicted, you have 28 days to lodge a ‘Notice to Appeal’ under section 255 of the Criminal Procedure Act. Similarly, if an appeal is made after 28 days have lapsed, leave to appeal can still obtained where the reasons offered for requiring leave to appeal out of time are valid and sufficiently exceptional.
Within 7 days of lodging the ‘Notice to Appeal’, the informant (the police officer who initiated the original charges) must be notified of the application for appeal.
Once the ‘Notice to Appeal’ has been submitted, a ‘Summary of Appeal’ detailing the reasons and arguments supporting your appeal.
If the County Court decides there are sufficient grounds for you appeal, and a fair chance of a conviction appeal being successful, your case will be re-examined under the new rules for conviction appeals explained above.

Conviction Appeals from the County Court or Supreme Court to the Court of Appeal

Normally, an appeal against conviction made by the County Court or Supreme Court is made to the Court of Appeal. While appeals against conviction to the Court of Appeal are difficult to obtain, it may be granted where:
  • Evidence was admitted when it should have been excluded, or deemed inadmissible when it should have been included.
  • The judge misdirected the jury about the law.
  • The jury reached a verdict which is not reasonably supported by the evidence.
  • The incompetence or negligence of your lawyer resulted in a miscarriage of justice.
  • Important new evidence is discovered which was not considered in the original case.
Since the bar for obtaining and grant for appeal has been raised considerably, the Court of Appeal will only grant an application to appeal against conviction where a sufficient chance of success is present.

How Do I Apply For an Appeal Against Conviction?

While the new changes to criminal appeals procedure have streamlined and accelerated the appeals process, it means fewer appeals against conviction will be heard.
The pass the application process, you need an experienced lawyer with deep knowledge of criminal law procedure and courtroom experience to pinpoint possible errors in judgement, and accurately identify where miscarriage of justice has occurred.
Garde Wilson Lawyers have successfully fought for clients across Greater Melbourne and around Australia, preventing wrongful convictions and restoring freedom to our clients.
If you’ve suffered from poor legal representation or believe you are the victim of a miscarriage of justice, contact Garde Wilson Lawyers immediately on 03 9098 8648 for an accurate appraisal of your chances of appeal.

DON’T TAKE IT
LYING DOWN!

If you’ve been wrongly convicted of a criminal charge, contact Garde Wilson Lawyers immediately to discuss how we can protect your freedom and ensure justice for you.

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“Very helpful and confident attitude highly recommend just got the job done with a great result”

Mark Aravanis

6 March 2025

“I have no words to express my gratitude to Mitch Fraser, Zara and Ryan they all are amazing criminal lawyers. After living...” Read more

Dashmesh Singh

1 March 2025

“Very much appreciate this team, absolute stars. I was put into a very one sided legal predicament where it seemed like the deck...” Read more

Marc Primrose

27 February 2025

“Absolutely trust Mitch and the team at Garde Wilson Criminal Lawyers, they were instrumental in keeping my licence and...” Read more

Rob Costanzo

24 February 2025

“Forever grateful for this team Especially Mitch & Jack who are true professionals and were able to help secure a win for my case...” Read more

Zenon Chaskaris

17 January 2025

“I cannot express enough Grattitude to the team at Garde-Wilson Lawyers. Not only did they achieve a fantastic result...” Read more

Shehan Rajanayagam

09 January 2025

“Just sharing here my sincere endorsement of Mitch Fraser and the entire team at Garde Wilson. Mitch is the front man of client...” Read more

Damian West

06 January 2025

“I would highly recommend this firm Mitch and ray have been amazing if they say they will be there they will be....” Read more

Robert Smiley

02 January 2025

“By far the best legal advice and help I've had in a long time. These guys are worth every cent And family type service too Thanks heaps”

Ben

30 December 2024

“I am incredibly grateful for their professionalism, dedication, and compassion in handling my case. Thanks to their expertise...” Read more

ahmed adhil

29 December 2024

“Absolutely amazing, the best outcome that I could of imagined, Mitch was so supportive, highly recommend”

Jed Earle

15 December 2024

“Mitch and the Team at Garde Wilson provided exceptional second to none service, they were extremely professional and comforting...” Read more

Celeste Earle

11 December 2024

“I had the privilege of working with Garde Wilson Criminal Lawyers during a very difficult time, and I cannot...” Read more

Vishal

01 December 2024

“Thank you to Mitch and team. You achieved the impossible, great outcome. Highly recommend if anyone requires representation.”

Andre Spiteri

9 August 2023

“Wow! This team are incredible! With 48hrs notice Mitch had my partner sorted and had barrister Hazel appear on his behalf today...” Read more

Rel KC

17 November 2023

“I had the privilege of being represented by MITCH AND ZARAH AT GARDE WILSON LAWYERS as my defence lawyer.”

Sachin Sachdeva

6 October 2023

“I am very pleased with my experience, they are very professional and they did a very well job to support me all through my case.”

Baljinder Singh

11 August 2023

“I will highly recommend them to my friends or family if in need. Mitch was there at every step with the barristers.”

Harman SIngh

9 August 2023

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Rel KC

17 November 2023

Wow! This team are incredible!
With 48hrs notice Mitch had my partner sorted and had barrister Hazel appear on his behalf today to finally put an end to completely unjust continuation of AVOs for 12yrs.

Not only were they completely dedicated and across all details, Hazel had the ability to get the applicant to finally withdraw their frivolous continued applications.
Money well spent.

If you want the best, We can not recommend this firm and it’s incredible team high enough.

Thankyou to all involved in getting the very best of results for my partner today.

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Vishal

01 December 2024

I had the privilege of working with Garde Wilson Criminal Lawyers during a very difficult time, and I cannot recommend them highly enough. From the moment I reached out, their team demonstrated professionalism, expertise, and a deep understanding of criminal law.

They took the time to thoroughly explain the legal process and ensured I felt informed and supported every step of the way.

The attorneys at this firm are not only highly skilled but also compassionate, which made a huge difference in my experience.

Thanks to their hard work and dedication, my case was resolved favorably. If you’re in need of experienced and trustworthy criminal defense lawyers, I highly recommend Mitch and their team.

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Celeste Earle

11 December 2024

Mitch and the Team at Garde Wilson provided exceptional second to none service, they were extremely professional and comforting at a time of great stress. The level of experience, skills and knowledge was evident from our first appointment, the positive outcome we received would not have been possible without them.

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ahmed adhil

29 December 2024

Review for [mitch Fraser ,ray raheem,Lachlan hocking/ Garde Wilson team

I am incredibly grateful for their professionalism, dedication, and compassion in handling my case. Thanks to their expertise, I was able to secure a diversion outcome, which has given me a second chance to move forward without a criminal record.

From the beginning, Mitch and ray explained the legal process clearly, addressed all my concerns, and guided me every step of the way. They not only understood the legal aspects of my case but also showed genuine care for my well-being and future.

Their ability to present my case effectively and advocate on my behalf was exceptional. I highly recommend [mitch, Lal Lachlan and team/Garde Wilson lawyers to anyone seeking legal representation—they are thorough, knowledgeable, and truly committed to achieving the best possible outcome for their clients.

Thank you again for your incredible support during such a challenging time.

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Robert Smiley

02 January 2025

I would highly recommend this firm

 

Mitch and ray have been amazing if they say they will be there they will be.

 

Our barrister Sarah was just amazing and myself and my family can’t thank them enough as we got the out come needed.

 

Thanking you all.

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Damian West

06 January 2025

Just sharing here my sincere endorsement of Mitch Fraser and the entire team at Garde Wilson. Mitch is the front man of client engagement.

 

From the second I met Mitch, I knew I had found a true ally and advocate in what was a messy and unfair situation. The end-to-end support and coordination provided by Mitch and the firm was pure class. I cannot recommend highly enough!

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Shehan Rajanayagam

09 January 2025

I cannot express enough Grattitude to the team at Garde-Wilson Lawyers. Not only did they achieve a fantastic result (withdrawal of all charges), but as importantly and appreciated, the entire team; Mitch, Zarah and Ray, treated me with such compassion and empathy, helped me not only in a legal sense but also on a personal level to assist me in dealing with the stress of the matter, and have been nothing short of extraordinary in every respect.

I would like to thank and credit the entire team not only for resolving this matter, but I genuinely credit them with changing my perspective on a lot of things in life and motivating me to pursue my goals and ambitions, in a sense i feel a sense of obligation to them to become the best version of myself.

I consider both my interactions with the firm as well as the outstanding outcome as life changing both in the result and the impact it has had on me personally.

As a law student i underwent immense stress, depression and anxiety which initially made me a difficult client to deal with but even still, Garde-Wilson helped me through it, showed nothing but compassion and had my best interest at heart, for this I will be forever grateful.

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Zenon Chaskaris

17 January 2025

Forever grateful for this team
Especially Mitch & Jack who are true professionals and were able to help secure a win for my case.

I have had my fair share of lawyers and Barrister’s and this team by far is the best I’ve ever come across.

Thank you again for your help 🙏🏽

What Our Clients Are Saying?

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Rob Costanzo

24 February 2025

Absolutely trust Mitch and the team at Garde Wilson Criminal Lawyers, they were instrumental in keeping my licence and no conviction recorded in my loss of traction case. I hopefully won’t ever need them again, but if I do, they will be my first call

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Marc Primrose

27 February 2025

Very much appreciate this team, absolute stars. I was put into a very one sided legal predicament where it seemed like the deck was loaded against me injustly. As soon as Garde got involved the tables turned and they were able to blast through all of the incompetency and bring the facts and reality to the surface and correct the power imbalance like it was nothing.

Therefore delivering me the best possible outcomes to re store my peace of mind.

Ultimately I believe bringing this firm onboard was the difference between regaining my life or without them being bullied into accepting false charges. Special shout out to Ray, Mitch and Zarah I can not thank you enough for the amount of stress you took off my shoulders. Top tier 👌

What Our Clients Are Saying?

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Dashmesh Singh

1 March 2025

I have no words to express my gratitude 🙏 to Mitch Fraser, Zara and Ryan they all are amazing criminal lawyers. After living 30 years of my life in Australia I dealt with many lawyers in my career but at last I found Mr Mitch Fraser who saved my life.

I was expecting jail sentence and I was innocent for the Domestic violence charges but at last Mitch Fracer and Zara they got me out clean without conviction which was unbelievable. I have never seen any lawyers like them in my life. If I say it I mean it.

I strongly say if Garde Wilson criminal Lawyers can’t save your Reputation, dignity and freedom to happy life by winning your case then no one can they are the best In Australia, unbelievable achievement and As we all know the Moorabbin court is a hard winning court where magistrates are very very strict but now I am highly convinced and thankful to Mitch Fraser and Zara who saved my life and they have fought till end for me, I have to say this law firm don’t chase dollars they are more focused to support And give you the most possible and positive outcome , they have good Barrister, Zara is Amazing Conclusion of my Review if you don’t seek legal advise from the Garde Wilson then you are playing with your life I highly recommend Garde Wilson Criminal defence lawyers if they can’t give you good Result then don’t waste your time with other law firms
Only one solution to your Problems that is Garde Wilson Criminal Defence lawyers
Therefore don’t waste your time with other lawyers you need someone who trust you and can protect you
Thanks once again Garde Wilson Lawyers I can’t pay your Debt all my life you are the best and number one law firm.