Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-15

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

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.

(2) A person sentenced to a term of imprisonment by the County Court 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.

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