If you or someone close to you has been convicted of a criminal offence, or you believe the sentence imposed was too severe, the next step can feel overwhelming.
A criminal appeal is not simply a second attempt at running the case. It is a technical, time-sensitive process that requires careful analysis of what happened before, during and after the trial or plea. The question is not usually whether you are unhappy with the outcome. The question is whether there is a proper legal basis to challenge it.
At Galbally Parker Lawyers, we have acted in serious and complex criminal appeals for decades. Our team brings together almost 50 years of criminal law experience, a history of appearing in high-stakes matters, and a firm-wide focus on criminal defence.
We understand what is at stake. For many clients, an appeal is the final opportunity to challenge a conviction, reduce a sentence or correct an unfair outcome.
Criminal appeals are different from criminal trials
A criminal appeal is not a full rehearing of the original case.
Appeal courts do not simply start again and listen to all the evidence as though the trial never happened. Instead, they look closely at what occurred in the original proceedings and whether there were errors, unfairness or other issues that affected the result.
In Victoria, appeals may involve questions such as:
- whether the jury’s verdict was unsafe or unreasonable
- whether the trial judge made an error of law
- whether important evidence was wrongly admitted or excluded
- whether there was a miscarriage of justice
- whether the sentence was manifestly excessive
- whether fresh evidence has become available
- whether the accused person received a fair trial
This is why appeals require a different type of legal work. They demand detailed reading, careful judgment and the ability to identify arguments that are legally sound, not just emotionally compelling.
You can read more about the formal appeal process through the Supreme Court of Victoria’s criminal appeals information.
Why timing matters in a criminal appeal
Strict time limits apply in criminal appeals.
For many appeals against conviction or sentence in the Victorian Court of Appeal, the usual time limit is 28 days from the date of sentence. If that time has passed, it may still be possible to apply for an extension of time, but that is not something that should be left to chance.
This is one of the reasons early advice is critical. A delay can affect your options, the evidence available, the preparation of appeal grounds and the overall strategy.
If you are considering an appeal, it is important to speak with an experienced criminal appeals lawyer in Melbourne as soon as possible.
What Galbally Parker looks for in an appeal
When we are asked to advise on appeal prospects, we do not begin with assumptions. We begin with the material.
That may include:
- trial transcripts
- sentencing remarks
- the judge’s directions to the jury
- written submissions
- exhibits and evidence
- expert reports
- disclosure material
- police material
- prior legal advice
- appeal notices or draft grounds
- decisions made by previous lawyers during the trial
From there, we assess whether there are viable grounds of appeal.
That assessment must be honest. Not every disappointing result can be appealed successfully. Accused people are entitled to a fair trial, not a perfect one. In some cases, decisions made during the trial may limit what can be argued later.
However, where there has been appealable error, unfairness, a miscarriage of justice or a sentence that should properly be challenged, the work must be thorough from the beginning.
Our role is to identify the strongest available arguments, explain the risks clearly, and prepare the matter with the care it deserves.
Our experience in significant criminal appeal matters
Galbally Parker has been involved in a number of serious and high-profile criminal matters, including appeals that have attracted public attention and required detailed legal, factual and strategic work.
These cases are not included to suggest that every appeal will have the same outcome. Every matter turns on its own facts. However, they do demonstrate the level of complexity our firm is experienced in handling.
DPP v Moustapha Dib
Moustapha Dib was convicted of a historical murder alleged to have occurred when he was a teenager. The matter involved serious factual and legal issues, a substantial sentence, and an appeal that required extensive preparation.
When the matter was prepared for appeal, it became one of the most voluminous and complex written cases our firm had worked on. Mr Dib’s conviction was overturned and he was unanimously acquitted by the Court of Criminal Appeal in New South Wales.
This type of appeal requires far more than a general review of the outcome. It requires a careful examination of the trial record, the evidence, the way the case was put, and whether the conviction can safely stand.
Faruk Orman v The Queen
The Faruk Orman matter is one of the most significant criminal appeal cases in Victoria’s recent legal history.
Mr Orman spent more than 12 years in custody before his conviction was overturned. His case raised profound questions about wrongful conviction, disclosure, police conduct, legal representation and miscarriage of justice.
Galbally Parker’s work in this matter reflected the importance of persistence and forensic attention to detail. The case required careful consideration of material that had not previously been available, along with a willingness to keep asking difficult questions when the answers mattered.
You can read more through Galbally Parker’s articles on the Faruk Orman appeal ruling and how a talkback radio call became vital to the case.
For clients and families facing the appeal process, cases like this show why appeal work cannot be rushed or treated as a formality. Sometimes the most important issue is not obvious at first glance. It has to be found.
DPP v AP
This matter involved serious sexual offence allegations and a trial that was flawed and mishandled.
Our client came to us after conviction, but before sentence, following a poor outcome with their previous legal team. We took over the matter urgently and filed appeal documents before our client had even been sentenced.
The Court of Appeal unanimously overturned the convictions and ordered a retrial. We have not named the client because the matter remains before the trial division.
This case reflects a reality we often see in appeal work. Some clients come to us after something has already gone wrong. In those situations, time is limited, the pressure is significant and the advice must be both fast and precise.
What these appeal cases demonstrate
Complex appeals are not won by simply saying that the result was unfair. They require a disciplined and strategic approach.
Our appeal work often involves:
- identifying legal error in difficult or unusual cases
- reviewing large volumes of evidence and transcript material
- analysing how the trial was conducted
- considering whether relevant material was not disclosed
- working with leading appellate barristers
- preparing detailed written cases and submissions
- managing matters involving media attention or public scrutiny
- advising clients and families with clarity during an extremely stressful process
For Galbally Parker, appeal work is not just technical. It is personal. The consequences for clients are profound, and the responsibility on the legal team is significant.
Sentence appeals
Not every appeal is about overturning a conviction.
In some cases, the issue is the sentence. A sentence appeal may be appropriate where there is an argument that the sentence imposed was too severe, that the judge made an error in applying sentencing principles, or that relevant factors were not properly considered.
Sentence appeals also require caution. If an appeal against sentence is allowed, the Court of Appeal may reduce the sentence, but in some cases there can also be risks. This is why legal advice must be specific to the circumstances of the case.
Before appealing a sentence, we consider matters such as:
- the sentencing remarks
- the charges and maximum penalties
- comparable sentencing cases
- the client’s personal circumstances
- mitigating and aggravating features
- whether the sentence was within the available range
- the practical risks of proceeding
You can also access official Victorian Court of Appeal forms and guidance through the Supreme Court of Victoria website.
Working with barristers in appeal matters
In serious appeal matters, solicitors and barristers often work closely together.
At Galbally Parker, we have strong relationships with leading criminal and appellate barristers. Our role is to prepare the matter properly, brief counsel strategically, identify the strongest grounds, manage the evidence and ensure the client receives clear advice throughout the process.
A strong appeal team is not built at the last minute. It requires coordination, judgment and preparation.
Honest advice, even when it is difficult
After a conviction, it is natural to feel devastated, angry or confused. Many people go to trial because they genuinely believe they will be found not guilty. When that does not happen, the desire to appeal can be immediate.
Our job is to give advice that is both strategic and honest.
That includes telling clients when an appeal may have merit. It also includes telling clients when the prospects are poor, when the risks are too high, or when the cost of proceeding may not be justified.
We do not believe in giving false hope. We focus on appeals where we believe we can make a meaningful difference.
Why choose Galbally Parker for a criminal appeal?
Galbally Parker is one of Melbourne’s longest-standing exclusive criminal defence firms. We do not practise across every area of law. We focus on criminal defence, and that focus matters.
Clients choose us for appeal matters because we offer:
- almost 50 years of criminal law experience
- a history of serious and complex criminal defence work
- experience in conviction and sentence appeals
- the ability to act urgently when time limits are approaching
- strategic relationships with leading barristers
- clear, direct and honest advice
- a strong understanding of how trials can go wrong
- a commitment to protecting our clients’ rights
You can learn more about our lawyers on our Our Team page, or review examples of our work through Our Cases.
Speak to a criminal appeals lawyer in Melbourne
If you are considering appealing a conviction or sentence, do not wait.
Strict time limits may apply, and early advice can make a significant difference to the way your matter is assessed and prepared.
Contact Galbally Parker Lawyers to speak with an experienced criminal appeals lawyer in Melbourne.