Being wrongfully convicted for a crime you didn’t commit can turn your life upside down. One of the prime examples is the infamous Lindy and Michael Chamberlain lawsuit, where Lindy and Michael Chamberlain were wrongfully detained for the murder of their daughter. Although, as a consequence of their wrongful imprisonment, Lindy received monetary compensation of 1.3 million, does it happen in every case of wrongful conviction?
The answer is a bit tricky. However, as a resident of Melbourne, you must be aware of your rights. Moreover, hiring a team of trustworthy and experienced criminal lawyers in Melbourne is important if you ever find yourself in such a situation. In the article below, we will try to understand what an individual should do if they are wrongfully convicted and whether they are entitled to compensation.
What Is Wrongful Conviction?
Before we delve into the compensation part, it is important to understand what wrongful conviction actually means. A wrongful conviction means a person has been wrongfully convicted for a crime they didn’t commit. This is one of the gravest injustices that can take place with a person, but unfortunately, it is far more common than you can imagine. Wrongful conviction is most likely to occur for the following reasons:
- Unprofessional police investigations
- Reliance on weak evidence
- Misconduct by police officials
- Witness misidentification
Remember that if you have been wrongfully convicted for a crime you haven’t committed, you can always file for a conviction appeal within 28 days of the date of the sentence. We will discuss it in the section below:
What Is a Conviction Appeal?
A conviction appeal is made when a person has been wrongfully convicted due to judicial error or poor decision-making. So, if you have been found guilty by any court in Melbourne, you can appeal to the court to re-examine the decision made in order to overturn the conviction. For a successful conviction appeal, you have to keep in mind the following things:
- You need to prove that the jury’s verdict was unreasonable
- The evidences were misrepresented
- The fairness of the trial was compromised.
Being at the wrong end of a personal injury or any other criminal lawsuit can be tough. But remember, there is a way out.
How to Apply for a Conviction Appeal?
The Criminal Procedure Act 2009 (Amended), Victoria, governs how an appeal must be made against a conviction. Here are some points you need to keep in mind when applying for a criminal appeal:
- Appeal cases in the Country Court are not heard from the beginning. Moreover, only those pieces of evidence are considered, and the court thinks they are in the interest of justice.
- The Country Court and the Supreme Court rely only on the transcripts of the evidence and submissions made during the original hearing.
- The Summary of Appeal Notice contains the grounds for the appeal, is highly important and is one of the most crucial factors in determining which route the case will take.
- Introducing new evidence, calling new witnesses, and cross-examining can only be performed once the court grants permission. The permission depends on whether it satisfies the interest of justice.
Do I Get Any Compensation for Wrongful Conviction?
Unfortunately, there are no rights encompassing compensation for wrongful convictions. However, there is an “ex gratia” payment, which is a “one-off” payment, that the state or the territory government can choose to provide if they think that a wrongful conviction has affected an individual’s life.
The payments made are at the authorities' discretion, and a decision to refuse compensation is not reviewable and does not have well-defined guidelines.
Do I Need a Lawyer for My Conviction Appeal?
You can apply for a conviction appeal without a criminal lawyer. However, the problem is that criminal appeals laws are constantly changing, and keeping track of them is not practical. Moreover, if you don’t have a strong case, the conviction appeal may also not be heard. So, to be on the safer side, you need a lawyer.
With a deep knowledge of courtroom procedures, these criminal lawyers can find the errors in the judgement and present an appeal to restore justice.
Conclusion
Fighting a wrongful conviction is tough, and there is no guarantee that you will win compensation for the injustice. But with an experienced criminal lawyer by your side, you can put forward an appeal, ensuring that your reputation and justice are restored.
