Appeal — offender
759 (1) An offender who is found to be a dangerous offender or a long-term offender may appeal to the court of appeal from a decision made under this Part on any ground of law or fact or mixed law and fact.
(1.1) [Repealed, 2008, c. 6, s. 51]
Appeal — Attorney General
(2) The Attorney General may appeal to the court of appeal from a decision made under this Part on any ground of law.
Disposition of appeal
(3) The court of appeal may
(a) allow the appeal and
(i) find that an offender is or is not a dangerous offender or a long-term offender or impose a sentence that may be imposed or an order that may be made by the trial court under this Part, or
(ii) order a new hearing, with any directions that the court considers appropriate; or
(b) dismiss the appeal.
(3.1) and (3.2) [Repealed, 2008, c. 6, s. 51]
Effect of decision
(4) A decision of the court of appeal has the same force and effect as if it were a decision of the trial court.
(4.1) to (5) [Repealed, 2008, c. 6, s. 51]
Commencement of sentence
(6) Notwithstanding subsection 719(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted.
Part XXI applies re appeals
(7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section.
Annotations
- Part XXIV