Appealing a summary offence beyond the County Court of Victoria

[Citizen Smith]

After reading Criminal Procedure Act 2009 (VIC) s 292, it sounds and seems logical that appealing in the County Court of Victoria has voided my ability to appeal under section 292. I just e-mail Supreme Court of Victoria for clarification on this process. They'll probably come back to me and tell me that they don't give legal advice, even though what asked is about their own process. lol

 

[Tim W]

Tim W:

No you didn't. Your first question was "What was the point of law upon which you appealed the Magistrate's decision?". When you first asked me this question I checked the County Court of Victoria's website and could not see the term 'magistrate' used in reference to a judge of the County Court of Victoria.

Well, no.
You said you appealed from the Magistrates' Court to the County Court.
The first thing you appealed was the first decision... that of the Magistrate....

 

[Rod]

Out of curiosity, what area of law do specialise in?

Employment, defamation, Associations (clubs, churches etc), intervention orders, civil litigation, VCAT matters.

 

[Citizen Smith]

Tim W:

Er.. yeah.. I went through the appeal process, I didn't argue about the magistrates decision to the judge though.

You have too much time.


Rod:

Interesting!

Thanks for your help you legend. I approached the Supreme Court of Victoria about Criminal Procedure Act 2009 (VIC) s 272 and they came back to me suggesting Criminal Procedure Act 2009 (VIC) s 254 which is exactly what I need!

 

[Tim W]

Are you within time for a s254 appeal?
What grounds do you propose?

 

[Rod]

s.254 is about appeals to the County Court, not the Supreme Court.

 

[Citizen Smith]

Tim W:

What do you mean by what grounds do I propose?


Rod:

Yes you are right, I picked up on that as well. Supreme Court of Victoria advised me wrong. Your suggestion of Criminal Procedure Act 2009 (VIC) s 252 is the correct answer so thanks again for that!

Interestingly, there is nothing stopping me appealing from the Magistrates Court of Victoria to the Supreme Court of Victoria even after having appealed in the County Court of Victoria. I will have to appeal for leave out of time or what ever its called because 28 days has passed since the order was made in the Magistrates Court of Victoria. It will be interesting to see what happens with the leave out of time because about a year and a half has passed since the order was made in the Magistrates Court of Victoria.

What do you think will happen with the leave out of time?


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Far out there is so much paper work to fill out for this appeal!