(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.
S. 294(3) repealed by No. 68/2009 s. 29(1).
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Note to s. 294 inserted by No. 68/2009 s. 29(2).
Section 321 provides for the effect on sentence of new evidence.
Division 4—Interlocutory appeal