On appeal from the Magistrates' Court under s 254 of the Criminal Procedure Act 2009 (Vic), the County Court has power under s 256(2)(c) to reinstate charges struck out by the Magistrates' Court, because the Magistrates' Court has inherent power to reinstate such charges and s 256(2)(c) confers on the County Court any power the Magistrates' Court exercised or could have exercised. The exercise of this power is guided by the justice of the individual case. This means that appellants who appeal against conviction on a principal charge risk having alternative charges that were struck out below reinstated and heard on the de novo appeal.
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