Victorian Current Acts

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Orders etc. on successful appeal

    (1)     If the Court of Appeal allows an appeal under section 287, it must set aside the sentence imposed by the originating court and impose the sentence, whether more or less severe, that it considers appropriate.

    (2)     If the Court of Appeal imposes a sentence under subsection (1), it may make any other order that it considers ought to be made.

    (3)     In imposing a sentence under subsection (1), the Court of Appeal must not take into account the element of double jeopardy involved in the respondent being sentenced again, in order to impose a less severe sentence than the court would otherwise consider appropriate.

S. 290A inserted by No. 48/2018 s. 36.

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