Victorian Numbered Acts Victorian Numbered Acts(1) Without limiting any right of appeal under section 257, the DPP may appeal to the County Court against a sentence imposed on a person convicted of an indictable offence that was heard and determined summarily by the Magistrates' Court if—
(a) the sentence was less severe because of an undertaking given by the person to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, whether or not proceedings for that offence had commenced at the time of sentencing; and
(b) the DPP considers that the person has failed, wholly or partly, to fulfil the undertaking.
(2) The DPP may bring an appeal under this section at any time, whether or not the sentence has been served.