second, and perhaps relatedly, the success rate of Crown appeals increased from 52% to 70%; and third, the proportion of offender appeals for which leave to appeal was granted decreased from 60% to 50%. It is likely that new processes in the Court of Appeal designed to drive improvements in court efficiency contributed to this change. Future research As mentioned at the beginning of this report, a significant change to sentence appeals in Victoria occurred in October 2017 when the High Court delivered its decision in Dalgliesh, which substantially reduced the weight that Victorian courts are required to give to current sentencing practices. Some time will need to pass before research can be conducted on the effect of Dalgliesh (and other recent reforms, such as the introduction of standard sentences); however, the findings in this report should offer a useful point of comparison for that future research. Table 5: Comparison of key findings between the present report and the 2012 report Feature of sentence appeals 2012 report Present report Offender appeals 80% 91% Offender sentence appeal of case with 98% 98% imprisonment sentence Crown appeal of case with imprisonment 68% 78% sentence Leave to appeal sentence granted to offender 60% 50% Offender appeal allowed (where leave 55% 57% granted) Average reduction to total effective sentence 17% 19% of imprisonment following successful offender sentence appeala Average reduction to non-parole period 20% 25% following successful offender sentence appeal Crown appeal allowed 52% 70% Average increase to total effective sentence 39% 36% of imprisonment following successful Crown appealb Average increase to non-parole period 54% 64% following successful Crown appeal Most common offence in offender sentence Drug offences (23%) Drug offences appeals principal proven offence only (28%) – Sexual offences (16%) Acts intended to cause injury (18%)
second, and perhaps relatedly, the success rate of Crown appeals increased from 52% to 70%; and third, the proportion of offender appeals for which leave to appeal was granted decreased from 60% to 50%. It is likely that new processes in the Court of Appeal designed to drive improvements in court efficiency contributed to this change. Future research As mentioned at the beginning of this report, a significant change to sentence appeals in Victoria occurred in October 2017 when the High Court delivered its decision in Dalgliesh, which substantially reduced the weight that Victorian courts are required to give to current sentencing practices. Some time will need to pass before research can be conducted on the effect of Dalgliesh (and other recent reforms, such as the introduction of standard sentences); however, the findings in this report should offer a useful point of comparison for that future research. Table 5: Comparison of key findings between the present report and the 2012 report Feature of sentence appeals 2012 report Present report Offender appeals 80% 91% Offender sentence appeal of case with imprisonment sentence 98% 98% Crown appeal of case with imprisonment sentence 68% 78% Leave to appeal sentence granted to offender 60% 50% Offender appeal allowed (where leave granted) 55% 57% Average reduction to total effective sentence of imprisonment following successful offender sentence appeala 17% 19% Average reduction to non-parole period following successful offender sentence appeal 20% 25% Crown appeal allowed 52% 70% Average increase to total effective sentence of imprisonment following successful Crown appealb 39% 36% Average increase to non-parole period following successful Crown appeal 54% 64% Most common offence in offender sentence appeals – principal proven offence only Drug offences (23%) Drug offences (28%) Sexual offences (16%) Acts intended to cause injury (18%)
Sentence_Appeals_in_Victoria_Second_Statistical_Research_Report_0.docx