429CDetermination of DPP's appeal—failure to fulfil undertaking

429C Determination of DPP's appeal—failure to fulfil undertaking (1) An appeal under section 429A must not be conducted as a rehearing. (2) On an appeal under section 429A, if the appellate court considers that the respondent has failed, wholly or partly, to fulfil the undertaking referred to in section 429A(1)(a), the appellate court may— (a) set aside the sentence imposed by the Children's Court; and (b) impose the sentence that it considers appropriate, having regard to the failure of the respondent to fulfil the undertaking. (3) 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. Division 3—Procedure on appeals from Children's Court S. 430 substituted by No. 68/2009 s. 69.