SENTENCING ACT 1991 - SECT 104C Effect of reopening a proceeding under section 104B

SENTENCING ACT 1991 - SECT 104C

    (1)     Except as provided in subsection (2), a penalty imposed on the reopening of a proceeding under section 104B is taken to have been imposed at the time the court imposed the original penalty or failed to impose the penalty (as the case requires), unless the court orders otherwise.

    (2)     The time within which an appeal may be commenced, or leave to appeal sought, against a penalty imposed on the reopening of a proceeding under section 104B, or a review of such a penalty may be sought, commences on the day on which the penalty is so imposed.

    (3)     Nothing in section 104B or this section takes away from any right to appeal against, or to seek leave to appeal against or a review of, a sentence that any party to a criminal proceeding otherwise has.

S. 104D inserted by No. 19/2015 s. 7.