When does the DPP appeal against sentence?

The Office of Public Prosecutions (OPP) reviews every sentence handed down in matters it prosecutes. The Director of Public Prosecutions (DPP) also reviews sentences and considers appeals from Magistrates’ Court matters following a request from Victoria Police, a victim or their family, or a concerned citizen.

The DPP may appeal to the Court of Appeal against a sentence imposed in the County or Supreme Courts if:

  • the DPP considers there is an error in the sentence or that it is 'manifestly inadequate'
  • the DPP is satisfied an appeal should be brought in the public interest.

The DPP may appeal to the County Court against a sentence imposed in the Magistrates’ Court if he is satisfied that an appeal should be brought in the public interest.

The DPP considers the relevant statutory criteria, the principles discussed in the relevant case law, and sentencing principles when deciding whether to appeal against sentence. If the Court of Appeal allows an appeal against sentence, the Court may impose a sentence that it considers appropriate, which can be more or less severe than the original sentence.