Appealing a summary offence beyond the County Court of Victoria

[Citizen Smith]

So I challenged a summary offence charge in the Magistrates Court of Victoria and lost. I then appealed the charge in the County Court of Victoria and lost there too. In my opinion, I did not get a fair hearing in the County Court of Victoria as my charge was decided by an incompetent judge.

Using form 6-2A, I made an application for leave to appeal against conviction to the Supreme Court of Victoria - Court of Appeal under Criminal Procedure Act 2009 (VIC) s 274 using the authority Charter of Human Rights and Responsibilities Act 2006 (VIC) s 24(1), but my application was rejected because summary offences cannot be appealed to that court as a summary offence is not in the original jurisdiction of the originating court.

I am wondering if anyone knows of any other way to appeal my charge?

 

[Tim W]

What was the point of law upon which you appealed from the Magistrates' Court decision?

 

[Citizen Smith]

I didn't appeal a point of law, I appealed a point of fact; the fact I was mislead into using a tollway by road signs that don't conform to VicRoads standards for road signs.

 

[Tim W]

Was that your appeal ground, or your defence at your original trial?

 

[Citizen Smith]

It was my appeal ground and also one of my defences at my original trial.

 

[Tim W]

1. Appeals from summary matters are normally only available on points of law, not of fact.
2. The fact that the appeal judge didn't agree with you does not make the judge incompetent.
What is your basis for claiming so?

 

[Citizen Smith]

1. That is not true. You can appeal on a point of fact or on a point of law in the County Court of Victoria. It is in the Supreme Court of Victoria where you must appeal on a point of law.

2. I haven't stated my opinion on why I think the appealing judge is incompetent. You assumed.

The judge is incompetent because he found me guilty for not disputing my use of the tollway with the tollway operator when there was no avenue of dispute with the tollway operator. To dispute my use of the tollway, I had to wait until the matter went to Fines Victoria and turned into a fine before I could dispute my use of it. I crossed examined a representative from the tollway operator who gave evidence and he confirmed this.

 

[Tim W]

I'm asking about your appeal from the Magistrates' Court...?

 

[Rod]

Looks like you appealed under the wrong section of the CPA Act hence the refusal to list your matter.

I'm not a criminal lawyer and unclear if you should be using the CPA or another Act altogether.

 

[Citizen Smith]

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.


Rod:

You might be right about the wrong section! I went by the options to appeal that were listed on the Supreme Court of Victoria's website but I have recently found that information on court websites is not always accurate. The avenue of appeal in Criminal Procedure Act 2009 (VIC) s 292 looks interesting and was not mentioned on Supreme Court of Victoria's website. I am going to read into it now. Thanks! Though I'm not sure if appealing to the County Court of Victoria has voided my ability to appeal under section 292. This could be the reason why section 292 wasn't given as an option to appeal on Supreme Court of Victoria's website.

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