Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 199

Appeals to Full Court from County Court or Supreme Court

199. Appeals to Full Court from County Court or Supreme Court



(1) In this section "detention" includes detention in a
youth residential centre or youth training centre, but does not include
detention in default of payment of a fine.

(2) If-





   (a)  on an appeal under section 197 the County Court or the Supreme Court
        (as the case requires) orders that the appellant be sentenced to a
        term of detention; and

   (b)  the Children's Court in the proceeding that is the subject of the
        appeal had not ordered that the appellant be detained-

the person sentenced to be detained may, with the leave of the Court of
Appeal, appeal to the Court of Appeal against the sentence.

(3) Part VI of the Crimes Act 1958 with respect to admission to bail pending
determination of an appeal applies to a person sentenced as described in
sub-section (2) and who seeks leave to appeal under that sub-section as if the
person were convicted on indictment.

(4) If a person intends to apply under this section for leave to appeal to the
Court of Appeal, the person must serve notice in writing of his or her
intention to do so on-

   (a)  the Registrar of Criminal Appeals; and

   (b)  the informant; and

   (c)  the Director of Public Prosecutions-

within 30 days after the sentence is imposed by the County Court or the
Supreme Court (as the case requires).

(5) On an appeal under this section the Court of Appeal must-

   (a)  if it thinks that a different order should have been made-

   (i)  set aside the order of the County Court or the Supreme Court (as the
        case requires); and

   (ii) make any other order (whether more or less severe) which it thinks
        ought to have been made; or

   (b)  in any other case, dismiss the appeal.