Appeals

Appeals

Our firm instructs and appears in Appeal matters in the County Court of Victoria and the District Court of New South Wales and, instructs in Appeal matters in the Court of Appeal of Victoria and the Court of Criminal Appeal in New South Wales.

Appeals can be filed on two bases: appeals against conviction and appeals against sentence.

  • Conviction appeals are filed with the Court of Appeal when a person has pleaded not guilty at Trial and are ultimately convicted by a jury, or in the case of New South Wales by a jury or a judge sitting alone. The conviction appeal is filed because the person is of the view that:
  • a significant error occurred in the Trial (either in the form of the evidence that was admitted, a mistake made by a party or a charge/summing up given by the judge at the conclusion of the Trial);
  • new evidence has arisen since the Trial that significantly affects the safety of the conviction; or
    because the convicted person argues that no reasonable jury properly instructed could have come to the verdict that was delivered.

In recent years, our firm has prepared and instructed in some significant appellate cases. For example, we instructed in the conviction appeal of Moustapha Dib. In 2012, he was convicted of murder and attempted murder after pleading not guilty at Trial. In February 2016, after exhaustive appeal proceedings, Moustapha was released from prison a free man, after the Court of Criminal Appeal unanimously overturned the convictions and entered verdicts of not guilty.

Ruth Parker - Mustafa Dib

Ruth walked Mr. Dib free from Goulburn Prison.

Most recently, our firm made legal history in the case of Faruk Orman. On 26 June 2019, the Attorney-General of Victoria announced that she had agreed to refer our client, Faruk Orman, to the Court of Criminal Appeal following a Petition for Mercy. Mr. Orman was represented by Nicola Gobbo between 2007 and late 2008. During that time, she was a registered human source with the Victoria Police and informed on our client. In agreeing to refer his matter to the Court of Appeal, the Attorney-General recognised that there was credible evidence available which raised concerns that a miscarriage of justice had occurred in Faruk’s case. Our office has represented Faruk for over ten years and we have worked tirelessly to have his matter revisited after the involvement of Ms. Gobbo was revealed in December 2018. On 27 July 2019 (exactly one month after his matter was referred), Faruk walked free from prison surrounded by our team who had fought so fiercely for him. You can watch the judgment here. It made legal history and resulted in a significant change that now benefits every criminal appellate. We call it ‘Orman’s Law’. In October 2019, the Attorney-General announced that no one would have to go through what Faruk did. Now every person has the opportunity to have a ‘second chance appeal’ even when they have previously exhausted all avenues. We are proud that our legacy could achieve such a monumental change in our State.

Faruk Orman acquitted

Criminal Appeals Lawyer in Melbourne

Our firm is regularly engaged in complex conviction appeals by those who argue that their trials were unfair and the jury’s verdict flawed. It is imperative that if your loved one has been convicted and incarcerated following a Trial that you immediately retain experienced criminal lawyers to commence the appeal process. In both Victoria and New South Wales, an accused person has 28 days to file the relevant notices to instigate appeal proceedings. If they exceed the 28 day period, they need tp apply to the Court to seek leave to appeal out of time, which increases the difficulty and cost associated with the proceedings.

With the exception of the most unusual circumstances, where compelling fresh evidence has arisen that raises overwhelming doubt about a verdict of ‘not guilty’, the Crown has no right of appeal in relation to a verdict of not guilty. In other words, the Crown cannot appeal a verdict because they do not like the outcome.

Sentence appeals are similarly filed with the relevant appeals courts. A person appealing a sentence handed down following a Plea or Trial can only do so if they can argue that the sentence was manifestly excessive or there was a palpable error in the sentencing process. Those considering appealing their sentence must be aware that in respect of each offence there is a sentencing range that applies. Different people may be sentenced to differing sentences for the same offence, depending on their circumstances, the objective seriousness of the respective offence and what prior convictions the person has. The Court of Appeal cannot reduce a sentence on the basis that the presiding appellate judges would have, personally, imposed a lower sentence. The sentence must be outside the range of available sentences (for example, a manifestly excessive term of imprisonment), or has been made on the basis of an error (for example the sentencing judge relied on fact or a feature of the offence that was not available on the evidence).

Similarly, the Director of Public Prosecutions may, within 28 days of a sentence being handed down, appeal the sentence because the Crown argues that it is manifestly inadequate. The Court of Appeal cannot increase a sentence on the basis that the presiding appellate judges would have, personally, imposed a higher sentence. The sentence must be outside the range of available sentences, on the lower end, before the Court will intervene.

The appeal process can be daunting, confusing and emotional for convicted persons and their families and many questions are usually asked about the avenues available once a Trial or Plea is over. The answers to these questions ultimately depend on the facts and circumstances of the individual case. However, if you or a family member is anticipating appeal proceedings, including those filed out of time, please contact our office for an appointment with one of our experienced lawyers.

How to Find a Criminal Appeals Lawyer in Melbourne to Help You

With a criminal appeals lawyer in Melbourne working on your behalf, an initial judgement does not have to be the end of the road for your case. In fact, there may still be the potential for a more positive outcome than the one you initially experienced. While there are no guarantees, putting experienced legal minds on your case can make a world of difference in what happens next.

The Best Advice You Can Hear About Choosing a Criminal Appeals Lawyer in Melbourne

In choosing a lawyer to handle your appeals, how can you ensure you make the right choice? Use this advice:

  • Experience truly matters. Filing an appeal is a multi-step process and meeting the standard required can be difficult. The more your lawyer knows from experience, the better.
  • Take an appropriate amount of time when making your decision and choose the firm that is the best fit for your needs. Don’t rush.
  • Ask for information about cases handled by the firm similar to yours, or about recent successes in their legal efforts. This ties in to the importance of experience — these conversations can illuminate just how experienced a team of lawyers may be — but also affords you the opportunity to consider how their successes are similar to your circumstances.

What You Can Expect from Galbally Parker as Your Appeals Lawyer

At Galbally Parker, we take our role in handling criminal appeals very seriously. Correcting errors and preventing unfair outcomes are essential to us. With that in mind, here’s what to expect when working with us:

  • A highly proficient team of professionals which exhibits decades of combined experience. With an in-depth understanding of the complex legal proceedings that surround appeals, we can coordinate with our clients to examine all angles and possibilities to understand the strategies which have the highest likelihood of success.
  • A compassionate defence team. We understand that our clients are often under a considerable amount of stress and pressure, as anyone would be when facing the appeals process. We take our time to invest in transparent communication and the forging of strong lawyer-client relationships so that you can place your full trust and confidence in our efforts.
  • A strong track record of success, including our most recent victory, the freeing of Faruk Orman following the vacation of his conviction as a result of the Lawyer X scandal. Unfairly convicted and imprisoned, we worked tirelessly to gather and present the evidence necessary to demonstrate that Orman was the subject of a miscarriage of justice. We’ll deliver the same level of dedication to all our clients.

Why Trust Galbally Parker for a Criminal Appeals Lawyer in Melbourne?

From our track record of successes in the recent and the more distant past to our highly qualified team of lawyers proficient in many areas of law, Galbally Parker represents one of the top options for assistance with appeals in the Melbourne area. By believing in you and the possibility of reversing an error for a fairer outcome, we can transform the appeals process experience. Take a moment to learn more about us, or contact us to arrange for a consultation or answers to some of your initial questions.