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Clause 294

sets out the orders the Court of Appeal may make upon a successful appeal, namely to set aside the original sentence and impose the sentence, whether more or less severe, that it considers appropriate. Subclause (2) provides that, in considering what sentence to impose, the Court of Appeal does not take into account any element of double jeopardy involved in the respondent being sentenced again. See discussion in clause 289. Division 4—Interlocutory appeal