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).