Event and Time
Event Description
On 11 February 2022, Alex Grivas was convicted for multiple charges including burglary, theft, dealing with property suspected to be proceeds of crime, and recklessly causing serious injury. After his sentencing, he filed an appeal against the sentence, claiming it was excessive. On the 6th of June 2022, Grivas requested to amend his appeal to include a challenge against his conviction. This was held in the County Court on the 19th of August 2022, where the judge allowed the amendment.
Similarly, Stratos Filonis was convicted on 30 June 2022 for charges such as stalking and violation of family violence orders. He initially appealed against the sentence but later sought to amend his appeal to contest the conviction. His appeal was granted for amendment on 24 August 2022.
Application and Claims
- Appellant (Grivas):
- Filed an appeal against the sentence on the grounds of excessiveness. - Claimed the right to amend the notice of appeal to include the conviction. - Argued that as per s 256 of the Criminal Procedure Act, the appellant retains an unfettered right to plead not guilty despite previous pleas registered.
- Respondent (DPP):
- Contended that the application for amendment should be treated as an application for leave to appeal against ‘conviction and sentence’ out of time. - Argued that the structure of s 256 did not support the appellant's claim that the amendment was permissible.
Judicial Decisions
The County Court judges initially allowed the amendments to Grivas's and Filonis’s notices of appeal. However, they found that the amendments altered the jurisdictional basis of the appeals, which was a misstep according to the DPP’s judicial review of the decisions.
Dispute Points and Legal Basis
Dispute Points
- Grivas's Arguments: