Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18O

Appeal11

18O. Appeal11





(1) An offender may appeal to the Court of Appeal against the refusal of a
court to make an order under section 18M(1).

(2) The Director of Public Prosecutions may appeal to the Court of Appeal
against an order made under section 18M(1).

(3) On an appeal under this section the Court of Appeal may-

   (a)  in the case of an appeal under subsection (1), confirm the refusal and
        dismiss the appeal or uphold the appeal and make the order that it
        thinks ought to have been made; or

   (b)  in the case of an appeal under subsection (2), confirm the order and
        dismiss the appeal or uphold the appeal and quash the order made.

(4) An indefinite sentence revives on the quashing of an order under section
18M(1) and the original warrant to imprison or other authority for the
offender's imprisonment is to be regarded as again in force.