Guideline 7.4 – leave to appeal against sentence in the Court of Appeal

Victoria Legal Aid (VLA) may make a grant of legal assistance for leave to appeal against sentence where:

• the applicant was sentenced to a term of immediate imprisonment or detention (unless the applicant is a child)
• there are reasonable grounds for the appeal
• there is a reasonable prospect that the Court would reduce the total effective sentence, youth detention order, non-parole period or period prior to recognisance release order (unless the applicant is a child)

Assistance will only be approved for counsel to appear at an oral hearing of the leave to appeal application in exceptional circumstances.

"Child" means a child as defined in section 3(a) of the Children, Youth and Families Act 2005 (Vic).

Documentary requirements

Applications under this guideline are only made by the standard grants assessment process.

A member of the section 29A practitioner panel seeking a grant of legal assistance should submit an application via ATLAS for assessment, including the listed documents:

• relevant proof of means, and
• if they are available:
  • the advice of trial or appellate counsel
  • the relevant court transcripts and judgments.