378Determination of appeal

378 Determination of appeal

(1) On an appeal under section 375, the Court of Appeal—

(a) must allow the appeal if the appellant satisfies the Court that—

(i) there is an error in the sentence imposed; and

(ii) a different sentence should be imposed; or

(b) in any other case, must dismiss the appeal.

(2) If the Court of Appeal is considering imposing a more severe sentence than the sentence imposed by the appellate court, as early as possible during the hearing of the appeal, the Court of Appeal must warn the appellant that the appellant faces the possibility that a more severe sentence may be imposed than that imposed by the appellate court.