Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if the Court allows an appeal covered by subsection 30AA(2) or (2A).
(2) For an appeal against conviction, the Court may set aside the conviction, and:
(a) record an acquittal; or
(b) remit the matter to the Judge or magistrate for further hearing (with or without directions), or to a different Judge or magistrate for a new hearing (with or without directions).
(3) For an appeal against sentence, the Court may:
(a) increase or decrease the sentence; or
(b) substitute a different sentence.
(4) For an appeal against a judgment in which one or more orders were made under Division 8 of Part IB, or subsection 19B(1), of the Crimes Act 1914 , the Court may:
(a) vary or set aside any or all of the orders; and
(b) if it sets aside an order, record a conviction of the accused and/or sentence the accused.
(5) For an appeal against acquittal, the Court may set aside the acquittal, and:
(a) record a conviction; or
(b) remit the matter to the Judge or magistrate for further hearing (with or without directions), or to a different Judge or magistrate for a new hearing (with or without directions).