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

and

• the applicant was sentenced to a term of immediate imprisonment or detention (unless the applicant is a child)

and

• for a sentence appeal – there are reasonable grounds for the appeal

and

• 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

and

• 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.