Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Powers of court on appeal against sentence

• 687 (1) Where an appeal is taken against sentence, the court of appeal shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against, and may on such evidence, if any, as it thinks fit to require or to receive,

  • (a) vary the sentence within the limits prescribed by law for the offence of which the accused was convicted; or

  • (b) dismiss the appeal.

• Marginal note:Effect of judgment

  (2) A judgment of a court of appeal that varies the sentence of an accused who was convicted has the same force and effect as if it were a sentence passed by the trial court.