3 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
The Director of Public Prosecutions in Victoria state this: "If leave to appeal is refused by the single judge, a convicted person may elect to have the refusal reconsidered by other judges of the Court of Appeal. If successful in the reconsideration of the refusal, then the matter proceeds to the appeal." Also, The Supreme Court has jurisdiction to hear and determine any summary proceedings founded on the same set of facts that are transferred from the Magistrates’ Court at the conclusion of the committal proceedings (CPA 2009 s242). A fact sheet from the County Court states: "The County Court has appellate jurisdiction but this is limited to hearing appeals from criminal cases in the Magistrates’ Court as well as a small number of cases from the Children’s Court. All decisions of the County Court can be appealed in the Supreme Court Appeals Division, the Victorian Court of Appeal." It would be advantageous for you to get some professional legal advice in order to proceed.
Hi Francene, thanks for your reply. It wasn't a Supreme Court of Victoria - Court of Appeal just that refused my application, it was the registrar. Criminal Procedure Act 2009 (VIC) s 242 does not apply because my offence was single summary offence and section 242 is for related summary offences, meaning a summary offence that was comitted with one or more indictable offences, so section 242 is not an avenue of appeal for me. It appears that the County Court of Victoria fact sheet is wrong.