South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 150

150—Appeal against sentence

Despite any other rule of law, if on an appeal against sentence the court is satisfied that the sentence should be quashed and another sentence (whether more severe or otherwise) imposed, the court must—

            (a)         impose the sentence that should have been imposed in the first instance; and

            (b)         order that the sentence—

                  (i)         will be taken to have come into effect on a date before the date of the order; or

                  (ii)         will take effect on a date on or after the date of the order.