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

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)
  • 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)
  • 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.
  • 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).

Documentary requirements

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

A member of the section 29A practitioner panel seeking a grant of legal assistance should submit an application via ATLAS for assessment, including the listed documents:

  • relevant proof of means and,
  • if they are available:
    • the advice of trial or appellate counsel
    • the relevant court transcripts and judgments.