Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 430M

Disputed pre-sentence report

    (1)     If any matter in a pre-sentence report under this Subdivision is disputed by the person who is the subject of the report, the appellate court must not take the disputed matter into consideration when determining the appeal unless satisfied that the matter is true beyond reasonable doubt.

    (2)     If—

        (a)     a pre-sentence report under this Subdivision, or any part of a report, is disputed by the person who is the subject of the report; and

        (b)     the author of the report does not attend the hearing of the appeal despite having been required to attend under section 430L(1)

the appellate court must not take the report or the part in dispute into consideration when determining the proceeding unless the person consents to the report or the part in dispute being admitted into evidence.

Subdivision 2—Group conference reports

S. 430N inserted by No. 68/2009 s. 69.



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