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.


294. Powers of Court of Appeal on successful appeal

294. Powers of Court of Appeal on successful appeal

(1) If the Court of Appeal allows an appeal under section 291, it may—

(a) set aside the sentence imposed by the originating court; and

(b) impose the sentence that it considers appropriate, having regard to the failure of the respondent to fulfil the undertaking.

(2) In imposing a sentence under subsection (1), the Court of Appeal must not take into account the element of double jeopardy involved in the respondent being sentenced again, in order to impose a less severe sentence than the court would otherwise consider appropriate.


Section 321 provides for the effect on sentence of new evidence.

Sub-section (3), which excludes this section from the prohibition on increasing a sentence based on new information, was repealed and the note added to clarify that a failure to fulfil an undertaken is new information the Court can rely upon in increasing a sentence.


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