Victorian Current Acts

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DPP's right of appeal—failure to fulfil undertaking

S. 260(1) amended by No. 3/2016 s. 67(1).

    (1)     Subject to subsection (1A), without limiting any right of appeal under section 257, the DPP may appeal to the County Court against a sentence imposed on a person convicted of an indictable offence that was heard and determined summarily by the Magistrates' Court if—

        (a)     the sentence was less severe because of an undertaking given by the person to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, whether or not proceedings for that offence had commenced at the time of sentencing; and

        (b)     the DPP considers that the person has failed, wholly or partly, to fulfil the undertaking.

S. 260(1A) inserted by No. 3/2016 s. 67(2), amended by No. 1/2022 s. 66     .

    (1A)     If the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the     Court of Appeal.

    (2)     The DPP may bring an appeal under this section at any time, whether or not the sentence has been served.

S. 260(3) inserted by No. 48/2018 s. 35, amended by No. 1/2022 s. 66.

    (3)     The DPP must not bring a further appeal against a sentence imposed by the County Court or the Court of Appeal, as the case requires.

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