294. Powers of Court of Appeal on successful appeal

294. Powers of Court of Appeal on successful appeal

(1) If the Court of Appeal allows an appeal under section 291, it may—

(a) set aside the sentence imposed by the originating court; and

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

(2) In imposing a sentence under subsection (1), the Court of Appeal 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.

Note

Section 321 provides for the effect on sentence of new evidence.

Sub-section (3), which excludes this section from the prohibition on increasing a sentence based on new information, was repealed and the note added to clarify that a failure to fulfil an undertaken is new information the Court can rely upon in increasing a sentence.