429Determination of DPP appeal

429 Determination of DPP appeal

(1) An appeal under section 427 must be conducted as a rehearing and the respondent is not bound by the plea entered in the Children's Court.

Note to s. 429(1) inserted by No. 28/2016 s. 11.

Division 7A of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.

(2) On the hearing of an appeal under section 427, the appellate court—

(a) must set aside the sentence of the Children's Court; and

(b) subject to this section, may impose any sentence which the appellate court considers appropriate and which the Children's Court imposed or could have imposed; and

(c) may exercise any power which the Children's Court exercised or could have exercised.

S. 429(3)–(5) repealed by No. 30/2010 s. 33(1).

S. 429(6) amended by No. 30/2010 s. 33(2).

(6) In imposing a sentence under subsection (2), the appellate court 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. 429(7) amended by No. 30/2010 s. 33(2).

(7) The appellate court may backdate a sentence imposed under subsection (2) to a date not earlier than the date of the sentence of the Children's Court that was set aside on the appeal.

S. 429(8) amended by No. 30/2010 s. 33(2).

(8) A sentence imposed under subsection (2) is for all purposes to be regarded as a sentence of the appellate court.

(9) Despite anything to the contrary in this Act, on an appeal under section 427, the appellate court may make a probation order, youth supervision order or youth attendance order in respect of a person even though at the time of making that order the person is of or over the age of 19 years but under 21 years.

Ch. 5 Pt 5 Div. 2A (Heading and ss 429A–429C)
inserted by No. 30/2010 s. 34.