Legal Groundup

Legal Studies from the ground up

Application Excercise 1u

1. This case study refers to criminal law.

2. The Court of Appeal heard Dupas’appeals.

3. The Court of Appeal only has appellate jurisdiction to hear criminal and civil appeals from the County Court and the Trial Division. A criminal appeal will usually be on a point of law, against a conviction (guilty or not guilty), or on the grounds of severity or leniency of sentence. A civil appeal will usually be on a point of law, question of fact or the amount of damages awarded. The Court of Appeal can also hear appeals from VCAT.

4. The Court of Appeal heard Dupas’s appeal over his conviction in 2005. The appeal was dismissed. The Court of Appeal also heard Dupas’s appeal on the grounds that his sentence was unsafe and unsatisfactoryin 2009.Dupas’s 2007 conviction was overturned on the grounds that the judge made an error.