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

285. Determination of appeal

285. Determination of appeal

(1) On an appeal under section 283, the Court of Appeal must allow the appeal if the appellant satisfies the court that—

(a) there is an error in the sentence imposed; and

(b) a different sentence should be imposed.

(2) In any other case, the Court of Appeal must dismiss an appeal under section 283.

(3) If the Court of Appeal is considering imposing a more severe sentence than the sentence imposed by the County Court, the Court of Appeal must warn the appellant, as early as possible during the hearing of the appeal, that the appellant faces the possibility that a more severe sentence may be imposed than that imposed by the County Court.

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