Victorian Current Acts

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SENTENCING ACT 1991 - SECT 178

Disputed contents of oral pre-sentence report

If the whole or any part of an oral pre‑sentence report is disputed by the prosecution or defence, the court must not take the report or the part in dispute (as the case requires) into consideration when determining sentence unless the party that disputed the contents of the report has been given the opportunity—

        (a)     to lead evidence on the disputed matters; and

        (b)     to cross-examine the person who gave the report on its contents.

S. 179 inserted by No. 11/2020 s. 42.



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