Bayley case to guide Vic legal aid review

Victoria Legal Aid is examining how it funds appeals by the most serious criminals against their sentences following Adrian Bayley's unsuccessful bid.

Adrian Bayley's unsuccessful attempt to have his sentence cut for the rape and murder of Melbourne woman Jill Meagher will guide a review of legal aid funding for criminal appeals.

Victoria Legal Aid (VLA) is examining how it funds appeals by the most serious criminals against their sentences.

The body will examine whether it should apply stricter tests and limits when deciding whether it will fund such appeals.

The Victorian Court of Appeal took less than 10 minutes to dismiss Bayley's appeal application last month and find that his 35-year non-parole period was entirely within range given the circumstances of Ms Meagher's killing.

In reasons published on Monday, Chief Justice Marilyn Warren, Justice Paul Coghlan and Justice Marcia Neave reject arguments by Bayley's lawyer that the sentence should have not been in the same category as Melbourne CBD killer Christopher Wayne Hudson and gangland killer Carl Williams.

VLA acting managing director Meagan Keogh says the reasons the Court of Appeal rejected Bayley's publicly-funded bid to appeal his sentence would help guide the review.

"Even an appeal that is dismissed provides guidance to others that the trial judge got the sentence right," she said.

"This helps lawyers advise other clients about the possible outcomes of their case."

The decision to fund Bayley's appeal was criticised, with Ms Meagher's husband Tom Meagher slamming it as a waste of public money.

Ms Keogh says VLA would not use emotion to decide which appeals it would fund.

"We must adhere to objective processes and cannot be influenced by how we might feel about the individuals involved," she said.

"If we did not fund legal representation in appeals, courts would be clogged with people representing themselves and unable to understand complex law."


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Source: AAP


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