Court of Appeal

How court of appeal works in practice.

The Court of Appeal is the highest appellate court in Victoria. It hears appeals against conviction and against sentence from trials in the County Court and the Supreme Court, along with certain other appeals. Unlike a de novo appeal to the County Court, an appeal to the Court of Appeal is not a fresh hearing: the appellant must identify a specific ground, such as an error of law, a miscarriage of justice, or a sentence that is manifestly excessive. Leave to appeal is generally required, and the court is usually constituted by two or three judges. Strict time limits apply, so advice on the prospects of an appeal should be obtained promptly after the trial result.