Victorian Current Acts Victorian Current Acts(1) An appeal under section 331 must be conducted as a rehearing and the appellant is not bound by the plea entered in the Children's Court.
Note
Division 7A of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.
(2) On the hearing of the appeal, the appellate court—
(a) must set aside the sentence of the Children's Court; and
(b) subject to this section, may impose any sentence which the appellate court considers appropriate and which the Children's Court imposed or could have imposed; and
(c) may exercise any power which the Children's Court exercised or could have exercised.
(3) On the hearing of the appeal (other than an appeal referred to in subsection (6)), the appellate court must warn the appellant, as early as possible during the hearing, that the appellant faces the possibility that a more severe sentence may be imposed than that imposed by the Children's Court.
(4) The appellate court may backdate a sentence imposed under subsection (2) to a date not earlier than the date of the sentence of the Children's Court that was set aside on the appeal.
(5) A sentence imposed under subsection (2) is for all purposes to be regarded as a sentence of the appellate court.
(6) If an appellant appeals against an order made under section 244 (dismissal with a formal warning) or section 245 (good behaviour order), the appellate court may—
(a) dismiss the charge against the appellant, with or without a formal warning; or
(b) make an order in the same terms as the order of the Children's Court—
but must not impose any other sentence.
(7) Despite anything to the contrary in this Act or the Children, Youth and Families Act 2005 , on appeal, the appellate court may make a probation order, youth supervision and support order or youth control order in respect of an appellant even though at the time of making that order the appellant is 19 years of age or over but under 21 years of age.
Part 8.2—Appeals by DPP