Victorian Current Acts

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Right of appeal against certain sentences imposed by County Court or Supreme Court on appeal from Magistrates' Court

    (1)     This section applies to a sentence imposed under section 256 on an appeal under section 254 where the County Court or the Trial Division of the Supreme Court, as the case requires, made a finding—

        (a)     under section 5(2H)(a), (b), (c), (d) or (e) of the Sentencing Act 1991 ; or

        (b)     under section 10A of that Act that a special reason exists.

    (2)     The DPP may appeal to the Court of Appeal against a sentence referred to in subsection (1) if the DPP—

        (a)     considers that there is an error in the sentence imposed and that a different sentence should be imposed; and

        (b)     is satisfied that an appeal should be brought in the public interest.

S. 290A(3) inserted by No. 1/2022 s. 73.

    (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.

S. 290B inserted by No. 48/2018 s. 36.

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