This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Contents » Chapter 6 - APPEALS AND CASES STATED PART 6.1—APPEAL FROM MAGISTRATES' COURT TO COUNTY COURT » Division 2 - Appeal by offender against sentence
Clause 286 Orders etc. on successful appeal
(1)If the Court of Appeal allows an appeal under section 283, it must set aside the sentence imposed by the County Court and either—
(a)impose the sentence, whether more or less severe, that it considers appropriate; or
(b)remit the matter to the County Court.
(2)If the Court of Appeal remits a matter to the County Court under subsection (1)(b)—
(a)it may give directions concerning the manner and scope of the further hearing by the County Court, including a direction as to whether the hearing is to be conducted by the same judge or a different judge; and
(b)the County Court, whether constituted by the same judge or a different judge, must hear and determine the matter in accordance with the directions, if any.