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Act index » Chapter 6 - Appeals and cases stated » Part 6.3 - Appeal and case stated from County Court or Trial Division of Supreme Court to Court of Appeal » Division 3 - Crown appeal against sentence
289 Determination of Crown appeal
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(1)On an appeal under section 287, the Court of Appeal must allow the appeal if the DPP satisfies the court that—
(a)there is an error in the sentence first imposed; and
(b)a different sentence should be imposed.
(2)In considering whether an appeal should be allowed, the Court of Appeal must not take into account any element of double jeopardy involved in the respondent being sentenced again, if the appeal is allowed.