Criminal Procedure Act 2009

On an appeal under section 278, the Court of Appeal must allow the appeal if the appellant satisfies the court that—

there is an error in the sentence first imposed; and

a different sentence should be imposed.

In any other case, the Court of Appeal must dismiss an appeal under section 278.

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