QLDIn ForceAct
Penalties and Sentences Act 1992
sec.179DSubsequent sentences
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### sec.179D Subsequent sentences
This section applies if—
the sentencing court sentences the offender for an offence (the original sentence ); and
subsequently, a court, whether or not differently constituted, resentences the offender.
The liability of the offender to pay the levy for the original sentence is unaffected but the offender is not liable to pay an offender levy for the resentence.
In this section—
resentence includes, on appeal or otherwise, in relation to the sentencing of the offender, any of the following—
substitute another sentence;
further deal with the offender including make a further order;
confirm, vary or amend the sentence or order made on the original sentence.
Orders made under section 20 (1) (a) , 20 (2) , 27 (1) (c) , 27 (2) , 33A (1) , 33A (3) , 33B (1) (a) , 33B (2) , 33C (7) , 38 (1) , 39A , 43D (8) , 43F (4) , 43L (7) , 43O (4) , 60 (1) , 68 (1) , 74 (7) , 80 (1) , 120 (1) , 121 (1) , 125 (4) (a) , 126 (4) , 127 (1) , 147 (1) , 159A (5) (b) , 173 (1) , 173 (2) , 182 (5) (a) , 182 (7) (b) , 185 (1) , 188 (3) , 188 (4) or 195 (5) .
s 179D ins 2012 No. 17 s 37
(sec.179D-ssec.1) This section applies if— the sentencing court sentences the offender for an offence (the original sentence ); and subsequently, a court, whether or not differently constituted, resentences the offender.
(sec.179D-ssec.2) The liability of the offender to pay the levy for the original sentence is unaffected but the offender is not liable to pay an offender levy for the resentence.
(sec.179D-ssec.3) In this section— resentence includes, on appeal or otherwise, in relation to the sentencing of the offender, any of the following— substitute another sentence; further deal with the offender including make a further order; confirm, vary or amend the sentence or order made on the original sentence. Orders made under section 20 (1) (a) , 20 (2) , 27 (1) (c) , 27 (2) , 33A (1) , 33A (3) , 33B (1) (a) , 33B (2) , 33C (7) , 38 (1) , 39A , 43D (8) , 43F (4) , 43L (7) , 43O (4) , 60 (1) , 68 (1) , 74 (7) , 80 (1) , 120 (1) , 121 (1) , 125 (4) (a) , 126 (4) , 127 (1) , 147 (1) , 159A (5) (b) , 173 (1) , 173 (2) , 182 (5) (a) , 182 (7) (b) , 185 (1) , 188 (3) , 188 (4) or 195 (5) .
- (a) the sentencing court sentences the offender for an offence (the original sentence ); and
- (b) subsequently, a court, whether or not differently constituted, resentences the offender.
- (a) substitute another sentence;
- (b) further deal with the offender including make a further order;
- (c) confirm, vary or amend the sentence or order made on the original sentence.