Victorian Consolidated Regulations

SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008 - SECT 2.09.

Full statement of grounds

2.09. Full statement of grounds



(1) This Rule, and Rules 2.09.1, 2.09.2, 2.09.3 and 2.10, apply only in
relation to a notice of appeal or notice of application for leave to appeal
that is filed on or after 1 July 2004.



(2) Subject to Rule 2.10-

   (a)  within two months after filing notice of appeal or notice of
        application for leave to appeal otherwise than against sentence only;
        or

   (b)  if notice of application for leave to appeal against sentence only is
        filed and leave to appeal is granted by a Judge of Appeal under
        section 582 of the Act, within one month after leave to appeal is
        granted; or

   (c)  if, after leave to appeal against sentence is refused by a Judge of
        Appeal under section 582 of the Act, election is made by the applicant
        under Rule 2.08.1, within one month after election is made-

the appellant shall file and serve a full statement of the grounds on which
the appellant relies or intends to rely if leave to appeal is given.

(3) If notice of application for leave to appeal against sentence only is
filed and the Registrar so directs, paragraph (2) shall fix time as if the
notice were a notice of application for leave to appeal against conviction.

(4) In the full statement of grounds, the appellant may add to, alter, modify,
extend or vary the grounds set out in the notice of appeal or the notice of
application for leave to appeal.

(5) The full statement of grounds shall set out the grounds relied upon or to
be relied upon in precise terms and, once filed, may be amended only with
leave of the Court of Appeal.