Victorian Current Acts

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SENTENCING ACT 1991 - SECT 87I

Evidence

On an application for a cost recovery order—

        (a)     the court must give the offender a reasonable opportunity to be heard; and

        (b)     the applicant may give evidence or may call another person to give evidence in relation to the application, including in support of a statement of costs; and

        (c)     the offender may give evidence or may call another person to give evidence in relation to the application, including in relation to any matter contained in a statement of costs; and

        (d)     the court may, at the request of the offender or the applicant, call a person who has made a statement of costs to give evidence; and

        (e)     a person who gives evidence may be cross‑examined and re-examined; and

        (f)     a finding of any fact made by a court in a proceeding for the offence is evidence and, in the absence of evidence to the contrary, proof of that fact; and

        (g)     the finding may be proved by production of a document under the seal of the court from which the finding appears; and

        (h)     the court may have regard to any evidence or statement referred to in section 87H(1) and, with the consent of the parties, to any available documents or admissions referred to in that section.

S. 87J
inserted by No. 80/2001 s. 4.



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