Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 283

Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court

    (1)     In this section—

"imprisonment" includes detention in a youth justice centre or youth residential centre but does not include imprisonment in default of payment of a fine.

S. 283(2) amended by No. 3/2016 s. 76.

    (2)         A person sentenced to a term of imprisonment by the County Court or the Supreme Court, as the case requires under section 256, 259 or 262 may appeal to the Court of Appeal against the sentence if—

        (a)     in the proceeding that is the subject of the appeal, the Magistrates' Court had not ordered that the person be imprisoned; and

        (b)     the Court of Appeal gives the person leave to appeal.

S. 283(3) inserted by No. 1/2022 s. 72.

    (3)     Subsection (2) does not apply if in the proceeding that is the subject of the appeal, the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder.



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