Appeal against Sentence

[dancingthroughthedark]

If you are found guilty in the Magistrates court and then appeal the sentence only, not the conviction to the Crown Court, can the Judge cancel the sentence altogether?

If they have been convicted there has to be some kind of sentence. That could be an absolute discharge which means there will be no further punishment. Whether that is likely depends on the offence and other factors.

The only way a sentence would be cancelled is if the appeal is against conviction. If it's just an appeal against sentence then it's only the sentence that's alive to change. It can be increased as well as decreased or varied. Costs could also be added or increased if there were any imposed at the magistrates.