Victorian Current Acts Victorian Current ActsS. 209(1) substituted by No. 1/2022 s. 113(1).
(1) If—
(a) the court gives a sentence indication under section 207; and
(b) the accused pleads guilty to any charge to which the sentence indication relates at the first available opportunity—
the court, when sentencing the accused for the offence, must not impose a more severe sentence than the sentence type or maximum total effective sentence indicated.
S. 209(2) repealed by No. 1/2022 s. 113(2).
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(3) A sentence indication does not bind the court on any hearing before the court constituted by a different judge.
(4) A decision to give or not to give a sentence indication is final and conclusive.
(5) An application for a sentence indication and the determination of the application are not admissible in evidence against the accused in any proceeding.
(6) This section does not affect any right to appeal against sentence.
S. 209A inserted by No. 1/2022 s. 114.