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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 7 - Powers and procedure
322 Sentence in absence of offender
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(1)The Court of Appeal may impose a sentence on a person under this Part even though the person does not attend the hearing of an appeal or an application to the Court of Appeal.
The Court of Appeal cannot impose a sentence that requires the consent of the person, for example a community correction order, in the absence of the person.
Note to s. 322 amended by No. 65/2011 s. 107(Sch. item 4.6).
(2)For the purposes of this section, the making of an order under section 280(3) or 284A(3) is an imposition of a sentence.