Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 294

    (1)     If the Court of Appeal allows an appeal under section 291, it may—

        (a)     set aside the sentence imposed by the originating court; and

        (b)     impose the sentence that it considers appropriate, having regard to the failure of the respondent to fulfil the undertaking.

    (2)     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S. 294(3) repealed by No. 68/2009 s. 29(1).

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Note to s. 294 inserted by No. 68/2009 s. 29(2).

Note

Section 321 provides for the effect on sentence of new evidence.

Division 4—Interlocutory appeal