Can I Protect My Rights Even After Being Sentenced For a Crime?

Being sentenced for a criminal offence affects a person’s entire life. The respect, reputation, and overall quality of life they have built with their hard work can be destroyed due to one wrong decision. This phase is tough for any individual. However, as a citizen of Melbourne, Victoria, one can appeal to the Court of Appeal. 

This means that even if you have been sentenced for a crime in the Country Court or Supreme Court, you can request the Court of Appeal to reconsider the decision. Now, appealing requires a detailed analysis of all the evidence and witnesses. Hence, hiring a team of experienced criminal lawyers in Melbourne is best. In the article below, we will look at the principles entailing criminal sentences in Melbourne and how you can appeal for a conviction. 

Sentencing Principes

Sentencing principles are the sole determinant of a criminal sentence. These principles have been developed over the years, either through legislation or common law. Here are the basic sentencing principles: 

• Parsimony: The sentence shouldn’t be very severe. However, it must meet the purpose of sentencing. 
• Proportionality: The sentence must be proportionate to the crime that has been committed. 
• Parity: Similar sentences must be imposed on offenders who have committed similar offences. 
• Totality: When an offender has to serve more than one sentence, the overall sentence must be just and proportionate to the offending behaviour. 

Apart from the principles that determine a sentence, it should meet the following purpose: 

• Just punishment: The offender must be punished in a way that is just under all circumstances. 
• Deterrence: The offender and other people, in general, must be discouraged from committing the same offence. 
• Rehabilitation: The sentence must provide the offender with essential rehabilitation. 
• Denunciation: The punish must condemn and censure such offences. 
• Community protection: The overall sentence must protect the community from such offenders. 

When a court issues a sentence to an individual for a crime, the abovementioned are the criteria they take into account. But what if the sentence is unjust? Well, this can take a serious toll on one’s emotional well-being. Hence, it is important to be mentally strong and take appropriate action. One of the actions that can be taken is appealing against the conviction. 

What Is a Conviction Appeal?

If one believes that the sentence issued by the Country Court or Supreme Court is unjust, they can appeal to the “Court of Appeal” to consider the decision. The following individuals have the right to appeal: 

• A defendant who feels that the sentence is unjust. They can appeal against the conviction, sentence, or both. However, the court’s permission is a must for the appeal.
• The Director of Public Prosecutions or Crowns appeal. They don’t require permission for appeal. 
• Any party that is against interlocutory decisions made by a trial judge during proceedings

Time Limit for the Conviction Appeal

Sections 275 and 279 of the Criminal Procedure Act state that leave to appeal a conviction must be sought within 28 days of the sentence. The time limit for an interlocutory decision is different and usually ranges between 2 and 10 days, depending on the stage of the criminal proceedings. 

Appeal Against Conviction: 

For an appeal against conviction, one must acquire a notice of application for leave to appeal. The notice must clearly and concisely state the grounds on which the appeal is being filed. The grounds can be the following:

• The verdict is unreasonable, and the evidence doesn’t support it. 
• There was an error/ errors in the trial, which resulted in a miscarriage of justice.  

Appeal Against a Sentence: 

When appealing against a sentence, remember that the court can increase or decrease the punishment based on the trial. In the notice of application for leave to appeal, you must include the grounds of appeal, a written case, and the authorities or sentencing remarks that support your case. The court of appeal will review the sentence to determine whether a sentencing error was made. 

Conclusion

There are numerous complex procedures associated with appealing for a sentence or conviction. Hence, understanding the principles regarding a sentence and how to file for an appeal will help you safeguard your rights. Apart from this, getting help from a lawyer will help reduce your sentence and enable you to take appropriate action against the injustice.