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outlines the orders that the Court of Appeal may or must make following a successful appeal. If the Court of Appeal allows an appeal, it must set aside the conviction of the offence (offence A) and must order a new trial or enter a judgment of acquittal of that offence. Alternatively, if the appellant could have been found guilty of some other offence (offence B) instead of offence A and the court is satisfied that the jury must have been satisfied that the appellant was guilty of offence B, the Court must convict the appellant of offence B and impose a sentence that is no more severe than the sentence that was imposed for offence A. According to subclause (1)(d), if the court does not consider that the jury must have been so satisfied, then the court can order a new trial for offence B. This subclause is designed to allow the Court of Appeal to order a retrial in the circumstances covered in AJS v The Queen [2007] HCA 27, that is to enter a judgment of acquittal for offence A and order a re-trial on an alternative offence. With respect to offence A, if the court is satisfied that the appellant should have been found not guilty due to mental impairment, it must enter a finding of not guilty on this ground. Similarly, with respect to offence B, if the court is satisfied that the appellant should have been found not guilty due to mental impairment, it must enter a finding of not guilty on this ground. Subclause (2) requires the Court of Appeal, when it orders a new trial, to order that the appellant appear on a specified date before the trial court. This requirement is new. It ensures that the accused is promptly brought back before the trial court; currently there is no clear way to ensure this happens. This clause also gives the Court of Appeal power to re-sentence after an appeal, including for aggregate offences. If the Court of Appeal sets aside the conviction for one offence, it may vary sentences that relied on the conviction for that offence. Division 2—Appeal by offender against sentence