QLDIn ForceAct
Penalties and Sentences Act 1992
sec.80Offender may be re-sentenced on revocation of order under s 79
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### sec.80 Offender may be re-sentenced on revocation of order under s 79
Subject to subsection (2) , if a fine option order is revoked under section 79 , the court that made the original order must—
confirm the original order; or
vary the original order; or
revoke the original order and re-sentence the offender for the offence for which the order was made in a way in which the court could deal with the offender if the offender had just been convicted by or before it of the offence.
In determining how to re-sentence the offender, the court must take into account the extent to which the offender had complied with the order before its revocation.
(sec.80-ssec.1) Subject to subsection (2) , if a fine option order is revoked under section 79 , the court that made the original order must— confirm the original order; or vary the original order; or revoke the original order and re-sentence the offender for the offence for which the order was made in a way in which the court could deal with the offender if the offender had just been convicted by or before it of the offence.
(sec.80-ssec.2) In determining how to re-sentence the offender, the court must take into account the extent to which the offender had complied with the order before its revocation.
- (a) confirm the original order; or
- (b) vary the original order; or
- (c) revoke the original order and re-sentence the offender for the offence for which the order was made in a way in which the court could deal with the offender if the offender had just been convicted by or before it of the offence.