Guideline 7.8 – election to renew leave to appeal against conviction and/or sentence in the Court of Appeal

Guideline 7.8 – election to renew leave to appeal against conviction and/or sentence in the Court of Appeal

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

  • leave is not granted by a single judge and the applicant elects to proceed before a full bench of the Court of Appeal
  • the applicant was sentenced to a term of immediate imprisonment or detention (unless the applicant is a child)
  • for a sentence appeal – there are reasonable grounds for the appeal
  • for a conviction/conviction and sentence appeal – 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
  • there is a reasonable prospect that the court would reduce the total effective sentence, youth detention order, non-parole period prior to recognisance release order (unless the applicant is a child).

The applicant must advise in writing why the judge was wrong and address how the above requirements are met.

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
  • written explanation for why the judge was wrong and addressing how the applicant satisfies the above requirements.

If the substantive appeal is anticipated to be heard at the same time as the election to renew leave to appeal, practitioners will need to submit an extension of assistance for the substantive appeal in ATLAS and confirm that the substantive appeal will be heard with the election to renew leave to appeal.