Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 276

Determination of appeal against conviction

276. Determination of appeal against conviction



(1) On an appeal under section 274, the Court of Appeal must allow the appeal
against conviction if the appellant satisfies the court that-

   (a)  the verdict of the jury is unreasonable or cannot be supported having
        regard to the evidence; or

   (b)  as the result of an error or an irregularity in, or in relation to,
        the trial there has been a substantial miscarriage of justice; or

   (c)  for any other reason there has been a substantial miscarriage of
        justice.

(2) In any other case, the Court of Appeal must dismiss an appeal under
section 274.