Determination of DPP's appeal—failure to fulfil undertaking
262 Determination of DPP's appeal—failure to fulfil undertaking
An appeal under section 260 must not be conducted as a rehearing.
S. 262(2) amended by No. 3/2016 s. 69(1).
On an appeal under section 260, if the County Court or the Supreme Court, as the case requires, considers that the respondent has failed, wholly or partly, to fulfil the undertaking referred to in section 260(1)(a), the court may—
set aside the sentence imposed by the Magistrates' Court; and
impose the sentence that it considers appropriate, having regard to the failure of the respondent to fulfil the undertaking.
S. 262(3) amended by No. 3/2016 s. 69(2).
In imposing a sentence under subsection (2), the court must not take into account the element of double jeopardy involved in the respondent being sentenced again, in order to impose a less severe sentence than the court would otherwise consider appropriate.
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