336Determination of DPP appeal

336 Determination of DPP appeal

(1) An appeal against sentence under section 334 must be conducted as a rehearing and the respondent is not bound by the plea entered in the Children's Court.

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 against sentence under section 334, 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.

(3) 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.

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

(5) Despite anything to the contrary in this Act or the Children, Youth and Families Act 2005, on an appeal against sentence under section 334, the appellate court may make a probation order, a youth supervision and support order or a youth control order in respect of a respondent even though, at the time of making that order, the respondent is 19 years of age or over but under 21 years of age.