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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
294 Powers of Court of Appeal on successful appeal
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(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.
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Section 321 provides for the effect on sentence of new evidence.