Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 - REG 2.15

Crown appeals

    (1)     A notice of appeal by the DPP shall—

        (a)     be filed with the Registrar;

        (b)     state each ground of appeal specifically and concisely and not merely in general terms; and

        (c)     be accompanied by a written case in support of the appeal in accordance with any applicable practice direction.

Note

Section 288(1) of the Act requires the notice of appeal to be filed within 28 days after the day on which the sentence is imposed, subject to any extension under section 313 of the Act.

    (2)     The DPP shall serve the written case on the respondent at the time of service of the notice of appeal.

Note

Section 288(3) of the Act requires a notice of appeal against a sentence imposed by an originating court to be served on the respondent within seven days after the day on which the notice is filed.

Section 292(3) of the Act requires a notice of appeal for failure to fulfil an undertaking to be served on the respondent within 14 days after the day on which the notice is filed.

    (3)     Within seven days after serving on the respondent the notice of appeal and written case, the DPP shall file an affidavit of service.

    (4)     Within one month after service of the documents referred to in paragraph (2), the respondent may file and serve a written case which must comply with any applicable practice direction.

    (5)     The notice of appeal may be amended only with leave of the Court of Appeal.



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