A verdict at trial is not always the end of your journey in the criminal justice system of Victoria
Decisions Can Be Overturned.
If your criminal case was lost at trial, this does not necessarily mean that it is the end of the court process. If you have been found guilty or received an unfair sentence, you may have the right to appeal the decision or apply for judicial review.
An appeal requires strong written and oral arguments, along with proper attention to detail throughout the application process as there are strict deadlines.
If you wish to appeal a conviction or sentencing decision, contact Balot Reilly Criminal Lawyers immediately. Appeals require specialised legal knowledge, detailed preparation and strategic advocacy.
We provide clear advice on your prospects and develop a strong legal strategy to overturn convictions or reduce sentences.
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Speak directly with Balot Reilly Criminal Lawyers Today
A criminal appeal is a legal process where a higher court reviews a decision made by a lower court.
In Victoria, appeals generally fall into two categories:
In most cases, you must file an appeal within 28 days of the decision.
If you have been found guilty in the Magistrates’ Court, you may appeal to the County Court of Victoria.
Key features of this appeal:
This provides a valuable opportunity to challenge the evidence and present your case again.
If you believe your sentence is too harsh, you may appeal to the County Court of Victoria.
The County Court will:
A successful appeal can result in:
Conviction Appeals
If you have been found guilty in the County Court or Supreme Court, you may appeal to the Victorian Court of Appeal.
Unlike Magistrates’ Court appeals, you must demonstrate:
These appeals are highly technical and require advanced legal expertise and detailed analysis of transcripts and evidence.
Sentence Appeals
If you are appealing a sentence imposed by the County or Supreme Court:
If successful, the Court may re-sentence you.
Judicial review is a process where the Supreme Court of Victoria reviews a decision made by a lower court or tribunal.
Judicial review focuses on whether the decision-maker:
Unlike appeals, judicial review does not re-hear the case, but instead examines whether the decision was legally valid.
Judicial review may be appropriate where:
Example:
Balot Reilly Criminal Lawyers successfully applied for judicial review where a Magistrate refused an adjournment despite a valid medical certificate, proceeded in the accused’s absence, and found the charge proven. The Supreme Court corrected the error and legal costs were recovered for the client.
Judicial review is highly technical and involves:
It is critical to obtain advice from an experienced criminal lawyer before proceeding.
Our lawyers will:
Our firm is trusted for complex appellate work because we:
We are committed to achieving the best possible outcome and correcting injustice.
We assess the evidence, identify available defences, and develop a clear strategy to minimise penalties or avoid conviction where possible.
✔️ We will carefully listen to your story & support you
✔️ We will offer defense strategies to help you
✔️ We will advise you in plain-language, no legal jargon
✔️ We will minimise penalties and damage to your life where possible
✔️ We will offer the best legal representation in court
✔️ Clear, practical legal advice from experienced criminal defence lawyers
✔️ Strong representation in Melbourne courts from the outset
✔️ Strategic guidance tailored to your specific circumstances
✔️ Transparent communication at every stage of your matter
✔️ Proactive defence focused on minimising penalties and protecting your record
