A sentence substituted or varied by the Court of Appeal on a sentence appeal becomes the sentence of the primary (original sentencing) court for the purposes of Division 2 of Part 7 of the Penalties and Sentences Act 1992 (Qld). Accordingly, a Magistrates Court has jurisdiction under ss 123, 125(2) and 125(4)(a) to deal with a breach of a community based order imposed by the Court of Appeal on appeal from the Magistrates Court. The Court of Appeal is not a separate 'court' for the purposes of s 8 of the Act; rather, it is a division of the Supreme Court.
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