Victorian Current Acts Victorian Current Acts(1) A sentence indication under section 207 —
(a) may be given only on the application of the accused; and
S. 208(1)(b) amended by No. 1/2022 s. 112(1).
(b) may be given only once during the proceeding, unless subsection (3A) applies.
Note to s. 208(1) inserted by No. 1/2022 s. 112(2).
Note
See section 9B of the Victims' Charter Act 2006 for obligations of the DPP to a victim in relation to an application for a sentence indication.
S. 208(2) repealed by No. 1/2022 s. 112(3).
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(3) If an application under subsection (1)(a) is made in respect of a charge that is not on the indictment, the accused must specify the charge in the application.
S. 208(3A) inserted by No. 1/2022 s. 112(4).
(3A) A second or subsequent sentence indication may be given if there has been a change in circumstances since the previous sentence indication that is likely to materially affect the sentence indication previously given.
(4) The court may refuse to give a sentence indication under section 207.
S. 208(5) inserted by No. 49/2012 s. 5.
(5) Without limiting subsection (4), the court may refuse to give a sentence indication under section 207 if the court considers there is insufficient information before it of the impact of the offence on any victim of the offence.
Note
Under section 5(2)(daa) of the Sentencing Act 1991 , in sentencing an offender a court must have regard to the impact of the offence on any victim of the offence.