This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Act index » Chapter 6 - Appeals and cases stated » Part 6.1 - Appeal from Magistrates' Court to County Court » Division 3 - Appeal by DPP—failure to fulfil undertaking
262 Determination of DPP's appeal—failure to fulfil undertaking
How this provision has changed across versions can't be shown yet: the versions of this Act held here were read by different versions of the parser, and comparing them would report the parsers' own disagreements as amendments. Re-parse every version to restore it.
(1)An appeal under section 260 must not be conducted as a rehearing.
(2)On an appeal under section 260, if the County Court or the Supreme Court, as the case requires, considers that the respondent has failed, wholly or partly, to fulfil the undertaking referred to in section 260(1)(a), the court may—
(a)set aside the sentence imposed by the Magistrates' Court; and
(b)impose the sentence that it considers appropriate, having regard to the failure of the respondent to fulfil the undertaking.
(3)In imposing a sentence under subsection (2), the court 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.