Victorian Current Acts Victorian Current Acts(1) If the Court of Appeal allows an appeal under section 278, it must set aside the sentence imposed by the originating court and either—
(a) impose the sentence, whether more or less severe, that it considers appropriate; or
(b) remit the matter to the originating court.
(2) If the Court of Appeal imposes a sentence under subsection (1)(a), it may make any other order that it considers ought to be made.
(3) If the Court of Appeal remits a matter to the originating court under subsection (1)(b)—
(a) it may give directions concerning the manner and scope of the further hearing by the originating court, including a direction as to whether the hearing is to be conducted by the same judge or a different judge; and
(b) the originating court, whether constituted by the same judge or a different judge, must hear and determine the matter in accordance with the directions, if any.