Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 86

Powers of County Court on appeal

86. Powers of County Court on appeal



(1) On the hearing of an appeal under section 83 or 84, the County Court-

   (a)  must set aside the order of the Magistrates' Court; and

   (b)  may make any order which the County Court thinks just and which the
        Magistrates' Court made or could have made; and

   (c)  may exercise any power which the Magistrates' Court exercised or could
        have exercised.

(1AA) Despite any rule of law or practice to the contrary, the County Court is
not required, on the hearing of an appeal under section 83, to warn the
appellant before making a sentencing order of the possibility of a sentencing
order being made, or of its intention to make a sentencing order, that is more
severe than that made by the Magistrates' Court.

(1A) The County Court may backdate an order made under subsection (1) to a
date not earlier than the date of the order of the Magistrates' Court that was
set aside on the appeal17.

(2) An order made under subsection (1) is for all purposes to be regarded as
an order of the County Court, except for the purposes of section 74 of the
County Court Act 1958.



(3) If an appellant-



* * * * *



   (b)  abandons the appeal in accordance with clause 6 of Schedule 6-

the County Court must strike out the appeal.

(3A) If an appellant fails to appear at the time listed for the hearing of the
appeal, the County Court may-

   (a)  proceed to hear and determine the appeal in the appellant's absence
        without prejudice, if the appellant has been released on bail under
        clause 4 of Schedule 6, to any right of action arising out of the
        breach of the bail undertaking; or

   (b)  strike out the appeal; or

   (c)  adjourn the proceeding on any terms that it thinks fit.

(3B) If the County Court proceeds under subsection (3A)(a) to hear and
determine an appeal in the appellant's absence, it may do so on the basis of-

   (a)  any statement, or exhibit or document referred to in a statement, a
        copy of which was served on the appellant in a brief of evidence in
        accordance with section 37; or

   (b)  evidence on oath given by or on behalf of the respondent.

(3C) The County Court may rule as inadmissible the whole or any part of a
statement or of any exhibit or document referred to in a statement.

(4) If an appeal is struck out under subsection (3) or (3A)(b), the order of
the Magistrates' Court may be enforced as if an appeal had not been made but,
for the purposes of the enforcement of any penalty, time is deemed not to have
run during the period of any stay.



* * * * *