430UOrders etc. on successful appeal

430U Orders etc. on successful appeal (1) If the Court of Appeal allows an appeal under section 430R, it must set aside the sentence imposed by the appellate court and either— (a) impose the sentence, whether more or less severe, that it considers appropriate; or (b) remit the matter to the appellate court. (2) If the Court of Appeal remits a matter to the appellate court under subsection (1)(b)— (a) it may give directions concerning the manner and scope of the further hearing by the appellate court, including a direction as to whether the hearing is to be conducted by the same judge or a different judge; and (b) the appellate court, whether constituted by the same or a different judge, must hear and determine the matter in accordance with the directions, if any. S. 430U(3)(4) repealed by No. 30/2010 s. 40. (5) Despite anything to the contrary in this Act, on an appeal under section 430R, the Court of Appeal 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. Section 586 provides that the Supreme Court may exercise the sentencing powers of the Children's Court. S. 430V inserted by No. 68/2009 s. 69.