Victorian Current Acts

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Determination of Crown appeal under section 290A

    (1)         On an appeal under section 290A, the Court of Appeal must allow the appeal if the DPP satisfies the court that—

        (a)     there is an error in the sentence imposed by the County Court or the Trial Division of the Supreme Court; and

        (b)     a different sentence should be imposed.

    (2)     In considering whether an appeal should be allowed, the Court of Appeal must not take into account any element of double jeopardy involved in the respondent being sentenced again, if the appeal is allowed.

    (3)     In any other case, the Court of Appeal must dismiss an appeal under section 290A.

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

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