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Act index » Chapter 6 - Appeals and cases stated » Part 6.1 - Appeal from Magistrates' Court to County Court » Division 2 - Appeal by DPP against sentence
259 Determination of DPP's appeal
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(c)may exercise any power which the Magistrates' Court exercised or could have exercised.
(3)In imposing a sentence under subsection (2), the court 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.
(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.