Garde Wilson Lawyers © 2025. All Rights Reserved, Australia
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All Rights Reserved, Australia
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Sentences / Sentence
Sentences / Sentence
If you have been found guilty of a criminal offence in a Magistrates’ Court in Victoria and you believe the sentence imposed by the judge is excessive, harsh or unfair, you can request an appeal to the County Court of Victoria under Section 254 of the Criminal Procedure Act.
Under Section 255 of the Criminal Procedures Act, you have 28 days to lodge a ‘Notice of Appeal’ against a sentence at the Magistrates Court Criminal Registry. Once lodged, you then have 7 days to notify the police officer who initiated the original charges.
Once the 28 day limit imposed by the Criminal Procedure Act has passed, an application for leave to appeal may be made to the County Court. This is a request to the County Court to give special consideration to hear the appeal because of delays in filing due to exceptional circumstances.
In deciding whether to accept the application for leave to appeal, the court will determine whether the reasons offered for requiring leave to appeal out of time are valid and sufficiently exceptional. The longer the time period between the lapsing of the 28 day limit and the application for leave to appeal, the more exceptional your circumstances must be.
Applying for an appeal against sentence to the County Court does not mean it will be automatically accepted. Under new rules governing appeals to the County Court, applications for appeal will only be granted where there is a ‘compelling reason’ to change your sentence.
Sentencing appeals will only be considered where you are able to show the sentence imposed by the Magistrates’ Court was clearly harsh and excessive.
If your application for appeal does not meet these new thresholds, the sentence handed down by the Magistrates’ Court may be enforced. If it was a custodial sentence, and you had been granted appeal bail, a warrant to imprison you may be issued.
In the past, appeal hearings involved both parties presenting their arguments and evidence in full from the beginning. However, due to changes to the Criminal Procedure Act which came into force on 3rd July 2021, this is no longer the case.
To reduce the burden on witnesses and victims who were required to give their evidence again during appeal proceedings, as well as the time and resources of the court, sentence appeals will be determined on evidence and materials before the Magistrates’ court.
Now, appeals will be decided using transcripts of the original hearing and new evidence will only be considered where the County Court allows it in the interests of justice.
Also, where prior to 3rd of July 2021, the Magistrate’s original decision was not considered by the County Court when determining an appeal, it is now taken into account and their reasoning will inform the appeal judge’s decision.
The new limitations and changes introduced by the recent changes to the appeals process mean many of the penalties for failing to present a strong enough case for your sentence to be reconsidered are no longer a threat.
Previously, the County Court could impose hefty court costs on you if the court determined your appeal to be frivolous or an abuse of the appeal system.
Now, weak appeals without a decent chance of succeeding are filtered out prior to being heard by the Court and their applications are simply not accepted.
If, after your appeal is granted and heard, the County Court decides that the Magistrate’s decision was fair, the original decision will be upheld and enforced.
Ultimately, the objective of an appeal is to obtain a fairer sentence for you. While these new restrictions will limit the number of appeals brought before the County Court, it does mean those granted have a better chance of success.
If you appeal is granted and is successful, the original harsh sentence imposed by the Magistrates’ court may be set aside, and a new, more lenient sentence will be handed down by the County Court.
A person sentenced in the County or Supreme Courts has the right to apply to the Court of Appeal under Section 278 of the Criminal Procedure Act.
Appeal applications from the County and Supreme Court are incredibly complex and demand the highest possible knowledge of criminal law procedure.
Garde Wilson Lawyers possess detailed knowledge of the appeals process, and have a track record of successfully seeking appeals for sentences from the County and Supreme Courts for the most serious of criminal charges.
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.
Enter your details below and one of our criminal law experts will contact you within 2 hours.
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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.
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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.
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