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The Court of Appeal hears appeals against convictions and sentences imposed by the County and Supreme Courts. All appeals by defendants convicted or sentenced require leave of the Court.
Applications for leave to appeal
Parties must file their application for leave to appeal and written case within 28 days of the date of sentence. All applications for leave must comply with Practice Note SC CA 1 Criminal Appeals.
You can also refer to a sample written case for guidance but this is only indicative as applications for leave must be tailored to the particular circumstance.
- Court of Appeal Form 6-2A Notice of Application for Leave to Appeal Against Conviction
- Court of Appeal Form 6-2B Notice of Application for Leave to Appeal against Sentence
Audio recordings of transcripts
To request an audio recording of a transcript of proceedings in the trial court use the request for transcript form (External link) available from Victorian Government Reporting Services.
Interlocutory appeals in criminal matters
The Court of Appeal also hears interlocutory appeals in criminal matters from the County Court and Supreme Court jurisdictions. For an outline of procedures to be followed in relation to interlocutory criminal appeals please refer to Practice Note SC CA 2.
An interlocutory appeal must be commenced within the time frames outlined at Division 4 of Part 6.3 of the Criminal Procedure Act 2009 (External link).
Some further documents to assist with filing a interlocutory appeal are listed below:
- Court of Appeal - Criminal - Form 6-3A Notice of Application for Leave to Appeal Against Interlocutory decision
- Court of Appeal - Criminal - Form 6-3B notice of application to review of refusal of judge to certify
- Court of Appeal - Criminal - Jurisprudence on interlocutory appeals and reserved questions of law
Extension of time applications to file a criminal appeal
Applications for an extension of the 28 day period in which to file an Application for Leave to Appeal must be made in accordance with Part 6 of the Supreme Court (Criminal Procedure) Rules 2008 and Practice Note SC CA 1 Criminal Appeals. To do this you must file all the following four forms:
- Application for Extension of Time to File
- Affidavit in Support
- Notice of Application for Leave to Appeal
- the Written Case.
Applications for an extension of time to file other documents (after the application for leave to appeal has been issued) are dealt with under the Requests for Extension of time to file documents (Other than Notice of Application for Leave protocol). These applications can be emailed to email@example.com.
Search for recent criminal appeal sentencing results
You can search for recent outcomes from criminal appeal hearings by viewing the Criminal Appeals Sentencing Tables.
- Court of Appeal Criminal Appeals Sentencing Tables January - August 2015
- Court of Appeal Criminal Appeals Sentencing Tables September - December 2014
- Court of Appeal Criminal Appeals Sentencing Tables May - August 2014
- Court of Appeal Criminal Appeals Sentencing Tables February - April 2014