Mrs Aston says they were for her husband Jack, who was in court to appeal his conviction and sentence, to change into before coming home.

Although the new clothes were not used and Mr Aston was returned to custody, his family said they hoped he would soon walk free from jail, home to the boots that still sit beside the front door of his Brown Hill home.

The boots were left there, unmoved, since the day he was sentenced to five years and three months, with a minimum two-and-a-half years jail in the County Court in December for crashing a Gold Bus into a low clearance bridge on Montague Street in 2016.

The Court of Appeal overturned Mr Aston's six convictions for negligently causing serious injury on Monday and instead convicted him of six counts of a less serious charge of dangerous driving causing serious injury.

It was determined prosecutors made a mistake during Mr Aston's trial by not raising with the judge the alternative dangerous driving charge. The maximum penalty for the new conviction is half that of the previous more serious charge, so he will be re-sentenced.

Mr Aston smiled at his friends and family as he re-entered the courtroom for the appeal of his sentence after a break on Monday afternoon.

He sat in the centre of the courtroom, his family on benches as close as they could be beside him, where Mrs Aston held her hand over a 'justice' card hidden in the pocket of her linen shirt.

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Seated near the back of the court room was his former employer Mick Murphy from Inland Motor Body Works who said Mr Aston's job was still waiting for him on his release, where he will work alongside his son Ben.

Mr Aston sat upright, looking straight ahead throughout the afternoon wearing a black suit and white shirt, as his lawyer Catherine Boston spoke of the impact of the accident and imprisonment on Mr Aston and his family.

He was freshly shaven, no longer hidden behind the long grey beard that features in photographs after the accident.

Mrs Aston has described it as a symbol of Mr Aston's grief and trauma.

His lawyer Catherine Boston asked Mr Aston's prison sentence be replaced with a community corrections order, focusing on the mental health conditions he has developed since the horrific crash.

READ MORE: COMMUNITY WRITES LETTERS TO JACK IN JAIL

Justice Phillip Priest said Mr Aston, who suffered a broken neck in the crash, was to be assessed for the order but would remain behind bars until he is re-sentenced in "a reasonably short time".

Mr Aston's army of supporters, family and friends - who themselves had taken part in rallies outside Melbourne's Parliament House in previous months - clapped to the outcome as he was escorted from the court.

Some yelled "Onya Jack", while others were in tears.

"I will take his clothes home, they will stay in the car, but they will be coming back.

"The main thing is we have taken another step forward."

There is a clock in the kitchen of the Aston family home that is waiting to be changed to daylight savings time - Mrs Aston says that is her husband's job - and a new golden retriever puppy in the family that is waiting for its first meeting with Mr Aston.

Mrs Aston has already booked a family holiday to Queensland for October 26 in the hope her husband will be able to join them.

"We had to put good vibes out there," she said.

"We can see the end now.

"We just want him home."

Mr Aston will be assessed for a community corrections order before he will return to court for re-sentencing in a "reasonably short time".

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