Determination of appeal
256 Determination of appeal
An appeal under section 254 must be conducted as a rehearing and the appellant is not bound by the plea entered in the Magistrates' Court.
S. 256(2) amended by No. 3/2016 s. 63(1)(a).
On the hearing of an appeal under section 254, the County Court or the Supreme Court, as the case requires—
must set aside the sentence of the Magistrates' Court; and
S. 256(2)(b) amended by No. 3/2016 s. 63(1)(b).
may impose any sentence which the court considers appropriate and which the Magistrates' Court imposed or could have imposed; and
may exercise any power which the Magistrates' Court exercised or could have exercised.
S. 256(3) amended by No. 3/2016 s. 63(2).
On the hearing of an appeal under section 254, the court must warn the appellant, as early as possible during the hearing, that the appellant faces the possibility that a more severe sentence may be imposed than that imposed by the Magistrates' Court.
S. 256(4) amended by No. 3/2016 s. 63(2).
The court may backdate a sentence imposed under subsection (2) to a date not earlier than the date of the sentence of the Magistrates' Court that was set aside on the appeal.
S. 256(5) amended by No. 3/2016 s. 63(3).
A sentence imposed under subsection (2) is for all purposes to be regarded as a sentence of the County Court or the Supreme Court, as the case requires.
Note to s. 256 inserted by No. 68/2009 s. 22, amended by No. 32/2013 s. 53.
Note
See the definition of sentence in section 3. This includes the recording of a conviction and an order as to costs.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.