Melbourne appeal lawyers

A criminal appeal asks a higher court to rehear or review a conviction or sentence you believe is wrong. In Victoria, an appeal from the Magistrates' Court generally must be lodged within 28 days of sentence and is reheard by a County Court judge, while appeals from the County Court or Supreme Court go to the Court of Appeal and usually need leave. A lawyer can assess your grounds and risks, make sure the paperwork is filed on time and argue the appeal for you.

Key points

• An appeal against a Magistrates' Court conviction and/or sentence should generally be lodged with the Magistrates' Court within 28 days of sentence; it is then heard in the County Court.
• A County Court appeal is a rehearing: a judge (no jury) hears the whole case again, witnesses may give evidence again and new evidence can be called.
• If the County Court judge is considering a heavier penalty, they must warn you first, giving you a chance to abandon the appeal.
• Appeals from the County Court or Supreme Court go to the Court of Appeal, generally must be started within 28 days of sentence and usually require leave to appeal.
• Late appeals need an application for an extension of time explaining the delay; whether it is granted is up to the court.
• If a sentence appeal is allowed, the Court of Appeal may reduce or increase the sentence; the Director of Public Prosecutions can also appeal against sentence.

Appealing from the Magistrates' Court to the County Court

Most criminal cases in Victoria are finalised in the Magistrates' Court. If you believe you should not have been found guilty, or that your sentence is too harsh, you can appeal to the County Court. The Notice of Appeal must be given to the Magistrates' Court registry within 28 days of sentence, and you will receive two copies, one of which must be served on the prosecution (the informant) within 7 days. A late appeal needs a judge's permission and special circumstances, so timing really matters.

A County Court appeal is a fresh hearing, not just a check for errors in the original decision. That means evidence can be added, the defence strategy can be adjusted, and in a sentence appeal new plea material can be put forward, such as employment evidence, character references, or treatment and counselling reports.

Conviction appeals vs sentence appeals

• Conviction appeal: you say you should not have been found guilty, for example because the evidence was insufficient, the law was misapplied or there is fresh evidence.
• Sentence appeal: you accept guilt but say the penalty is too severe, for example because your personal circumstances, early plea or remorse were not given enough weight.
• You can appeal both, but the strategy differs; a lawyer will look at the file, the reasons for decision and any new material to judge which approach is stronger.

Appeals to the Court of Appeal: leave is required

Appeals against a County Court or Supreme Court conviction or sentence go to the Court of Appeal of the Supreme Court of Victoria. They generally must be started within 28 days of sentence; if late, an extension application with an affidavit explaining the delay is required. Unlike the County Court, the Court of Appeal does not usually rehear witnesses — it reviews whether there was an error — and an appellant generally needs leave to appeal. Conviction appeals require a written case and list of authorities, and the document requirements are strict.

The risks: your sentence could increase

An appeal is not simply “win or stay the same”. In the County Court the judge can impose a heavier penalty, but must warn you first so you can abandon the appeal — which you can do at any time, even on the hearing day. In the Court of Appeal, if a sentence appeal is allowed the court may reduce or increase the sentence, and the DPP can separately appeal a sentence it considers too lenient. Abandoning late may also mean paying some prosecution costs. That is why the risks should be assessed carefully before appealing.

Bail and orders while the appeal is pending

When you appeal from the Magistrates' Court, most orders are put on hold, but a jail sentence is not. If you were sentenced to jail you can ask for bail until the appeal is heard. For example, if someone receives a short prison term and is taken into custody, a lawyer can prepare a bail application alongside the appeal, setting out the grounds of appeal and personal circumstances.

A special note for visa holders

For international students and temporary visa holders, a conviction or sentence can directly affect your visa. Under the character test in section 501 of the Migration Act 1958 (Cth), a sentence of 12 months or more imprisonment can amount to a “substantial criminal record” and, in some situations, leads to mandatory visa cancellation. A sentence appeal that reduces the penalty may make an important difference to migration consequences. Our firm also practises immigration law, so criminal and visa risks can be assessed together.

Frequently asked questions

How long do I have to appeal after sentencing?

An appeal from the Magistrates' Court to the County Court generally must be lodged within 28 days of sentence, and Court of Appeal appeals generally must be started within 28 days too. Late appeals need the court's permission, which is not guaranteed, so get advice quickly.

Could my sentence get worse if I appeal?

Yes, it can. A County Court judge can impose a heavier penalty but must warn you first so you can consider abandoning the appeal, and the Court of Appeal can also increase a sentence. A lawyer will assess this risk before you appeal.

Do I stay in jail while my appeal is pending?

When appealing from the Magistrates' Court most orders are put on hold, but a jail sentence is not automatically suspended. If you were jailed you can apply for bail pending the appeal.

Can I bring new evidence to a County Court appeal?

Yes. A County Court appeal is a rehearing, so new witnesses and new plea material can be presented. The Court of Appeal generally does not rehear evidence and only admits fresh evidence in limited circumstances.

Will a successful appeal help my visa?

A change to your conviction or sentence can affect how you are assessed under the section 501 character test, but visa outcomes are ultimately decided by the Department of Home Affairs or the relevant decision-maker. Get advice on both the criminal and immigration sides.

If you or a family member are dealing with a decision about a criminal appeal, getting advice early usually leaves more options open. Call Chua Tan Associates on 03 9602 3988 to meet us at our Melbourne CBD office (Level 2, 262 Queen Street) or by video. We speak Mandarin, Cantonese and English. This page is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026