Victorian Current Acts

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Correction of sentences by Supreme Court on judicial review

S. 104(1) amended by No. 68/2009 s. 97(Sch. item 110.79).

    (1)     If—

S. 104(1)(a) amended by No. 19/2015 s. 5(2)(a).

        (a)     a person has been sentenced (whether at first instance or on appeal) by the County Court or the Magistrates' Court for an offence; and

S. 104(1)(b) amended by No. 19/2015 s. 5(2)(b).

        (b)     an application is made to the Supreme Court for relief or remedy in the nature of certiorari to remove the proceeding into the Supreme Court; and

S. 104(1)(c) amended by No. 19/2015 s. 5(2)(c).

        (c)     the Supreme Court determines that the sentence imposed was beyond the power of the sentencing court

the Supreme Court may, instead of setting aside the conviction, amend the conviction by substituting for the sentence imposed a sentence which the sentencing court had power to impose.

    (2)     Unless the Supreme Court otherwise directs, a sentence of imprisonment imposed by it under subsection (1) commences on the day on which the sentence imposed in the earlier proceeding purported to take effect but in calculating the term to be served under the sentence any time during which the offender was at large (whether on bail or otherwise) must be disregarded.

    (3)     Subsections (1) and (2) extend and apply, with any necessary modifications, with respect to any order made on, but not forming part of, the conviction of an offender as if any reference in those subsections to a conviction or sentence included a reference to such an order.

S. 104A inserted by No. 48/1997 s. 26.

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