Victorian Current Acts

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Determination of DPP's appeal

    (1)     An appeal under section 257 must be conducted as a rehearing and the respondent is not bound by the plea entered in the Magistrates' Court.

S. 259(2) amended by No. 3/2016 s. 66(1)(a).

    (2)     On the hearing of an appeal under section 257, the County Court or the Supreme Court, as the case requires—

        (a)     must set aside the sentence of the Magistrates' Court; and

S. 259(2)(b) amended by No. 3/2016 s. 66(1)(b).

        (b)     may impose any sentence which the court considers appropriate and which the Magistrates' Court imposed or could have imposed; and

        (c)     may exercise any power which the Magistrates' Court exercised or could have exercised.

S. 259(3) amended by No. 3/2016 s. 66(2).

    (3)     In imposing a sentence under subsection (2), the court must not take into account the element of double jeopardy involved in the respondent being sentenced again, in order to impose a less severe sentence than the court would otherwise consider appropriate.

S. 259(4) amended by No. 3/2016 s. 66(2).

    (4)     The court may backdate a sentence imposed under subsection (2) to a date not earlier than the date of the sentence of the Magistrates' Court that was set aside on the appeal.

S. 259(5) amended by No. 3/2016 s. 66(3).

    (5)     A sentence imposed under subsection (2) is for all purposes to be regarded as a sentence of the County Court or the Supreme Court, as the case requires.

Division 3—Appeal by DPP—failure to fulfil undertaking

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