Victorian Current Acts

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Disputed pre-sentence report

    (1)     The prosecution or the defence may file with the court a notice of intention to dispute the whole or any part of a pre-sentence report.

    (2)     If a notice is filed under subsection (1) before sentencing is to take place, 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 filed the notice has been given the opportunity—

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

        (b)     to cross-examine the author of the report on its contents.

Pt 3 Div. 1B (Heading and ss 8E–8I) inserted by No. 65/2011 s. 7.

Division 1B—Drug and alcohol reports

S. 8E inserted by No. 65/2011 s. 7.

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