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Clause 262 Determination of DPP's appeal—failure to fulfil undertaking

(1)An appeal under section 260 must not be conducted as a rehearing.

(2)On an appeal under section 260, if the County Court considers that the respondent has failed, wholly or partly, to fulfil the undertaking referred to in section 260(1)(a), the County Court may—

(a)set aside the sentence imposed by the Magistrates' Court; and

(b)impose the sentence that it considers appropriate, having regard to the failure of the respondent to fulfil the undertaking.

(3)In imposing a sentence under subsection (2), the County Court 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.