New Zealand Legislation: Acts

9AB Determination of appeals against sentence

• On an appeal to the court against sentence, the court must—

  • (a) do either of the following if it thinks that a different sentence should have been imposed:

    • (i) quash the sentence imposed and impose any other sentence warranted in law (whether more or less severe) in substitution for the sentence that was quashed; or

    • (ii) vary, within the limits warranted in law, the sentence or any part of it or any condition imposed in it; or

  • (b) dismiss the appeal in any other case.

  Section 9AB: inserted, on 1 July 2009, by section 10 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).