Victorian Current Acts Victorian Current ActsS. 429A(1) amended by Nos 3/2016 s. 54, 1/2022 s. 46.
(1) Without limiting any right of appeal under section 427, the DPP may appeal to the County Court or, if the Children's Court was constituted by the President, to the Trial Division of the Supreme Court, or if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against a sentence imposed on a child in respect of an indictable offence that was heard and determined summarily by the Children's Court if—
(a) the sentence was less severe because of an undertaking given by the child to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, whether or not proceedings for that offence had commenced at the time of sentencing; and
(b) the DPP considers that the child has failed, wholly or partly, to fulfil the undertaking.
(2) The DPP may bring an appeal under this section at any time, whether or not the sentence has been served.
S. 429B inserted by No. 30/2010 s. 34.