Appeal - Criminal law - Sentence by County Court for breach of community-based order - Whether right of appeal against sentence to Supreme Court - Crimes Act 1958 (No 6231) s567, s568(4) - Sentencing Act 1991 (No 49) s47, s105, s117(2) - Magistrates' Court Act 1989 (No 51) s83, s85, s86, s91.

Appeal — Criminal law — Appeal from Magistrates’ Court to County Court — Jurisdiction and powers of County Court — Alternative charges — Plaintiff convicted and sentenced by Magistrates’ Court on one charge — Alternative charge dismissed — Appeal against conviction and sentence — Nature of criminal appeal to County Court — Whether County Court on appeal has jurisdiction to convict on charge ‘dismissed’ in Magistrates’ Court — Whether County Court has power to correct an unintended error by Magistrate — Criminal Procedure Act 2009 (Vic) ss 3, 254, 256(2)(b), 256(2)(c) and 412 — Interpretation of Legislation Act 1984 (Vic) s 51(1)

Orders — Interlocutory order — Final order — Whether a charge dismissed other than on the merits is interlocutory or final

Administrative law — Admissibility of transcript of Magistrates’ Court proceeding to determine whether there was an error on the face of the record — Administrative Law Act 1978 (Vic) s 10 — Evidence Act 2008 (Vic) s 178(6)