Victorian Current Acts Victorian Current Acts(1) If the Court of Appeal allows an appeal made under section 375, it must set aside the sentence imposed by the appellate court and either—
(a) impose the sentence, whether more or less severe, that it considers appropriate; or
(b) remit the matter to the appellate court.
(2) If the Court of Appeal remits a matter to the appellate court under subsection (1)(b)—
(a) it may give directions concerning the manner and scope of the further hearing by the appellate court, including a direction as to whether the hearing is to be conducted by the appellate court constituted by the same judge or a different judge; and
(b) the appellate court, whether constituted by the same judge or a different judge, must hear and determine the matter in accordance with the directions, if any.
(3) Despite anything to the contrary in this Act, on an appeal made under section 375, the Court of Appeal may make a probation order, a youth supervision and support order or a youth control order in respect of an appellant even though, at the time of making that order, the appellant is 19 years of age or over but under 21 years of age.
Note
Section 241 provides that the Supreme Court may exercise the sentencing powers of the Children's Court.