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Act index » Chapter 6 - Appeals and cases stated » Part 6.1 - Appeal from Magistrates' Court to County Court » Division 1 - Appeal by offender
256 Determination of appeal
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(c)may exercise any power which the Magistrates' Court exercised or could have exercised.
(3)On the hearing of an appeal under section 254, the court must warn the appellant, as early as possible during the hearing, that the appellant faces the possibility that a more severe sentence may be imposed than that imposed by the Magistrates' Court.
(4)The court may backdate a sentence imposed under subsection (2) to a date not earlier than the date of the sentence of the Magistrates' Court that was set aside on the appeal.
(5)A sentence imposed under subsection (2) is for all purposes to be regarded as a sentence of the County Court or the Supreme Court, as the case requires.