8 [16] The right of the State to appeal under s 311 is expressly regulated by the CPA and the Superior Courts Act 10 of 2013 therefore finds no application. 6 As already mentioned, the State appeals on the basis that a question of law was decided in favour of the respondent which formed the foundation for the sentence imposed by the High Court on appeal to it. The High Court accordingly substituted sentences for those imposed by the trial court. Unlike convicted persons, such a right of appeal relating to a sentence imposed by a High Court sitting as a court of appeal arises only where the High Court has given a decision in favour of the convicted person on a question of law. [17] In its heads of argument, the State relied on four grounds of appeal which it contended constitute questions of law. It argued that, if this court determines any one of the questions of law upon which it relies in its favour, it would have jurisdiction to entertain this appeal. 7 But, at the hearing before us, the State expressly disavowed reliance on three of its grounds of appeal. It persisted in the remaining ground, that is whether the High Court wrongly took into account its own inferences that the complainant had consented to the sexual acts in question in imposing sentence. This appeal by the State is therefore brought in terms of s 311(1) of the CPA. Accordingly, this court can only enter into the merits of the appeal if it is satisfied that the ground of appeal relied upon by the State involves a question of law. [18] Section 311(1) provides: ‘(1) Where the provincial or local division on appeal, whether brought by the attorney-general or other prosecutor or the person convicted, gives a decision in favour of the person convicted on a question of law, the attorney-general or other prosecutor against whom the decision is given may appeal to the Appellate Division of the Supreme Court, which shall, if it decides the matter in issue in favour of the appellant, set aside or vary the decision appealed from and, if the matter was brought before the provincial or local division in terms of(a) section 309(1), re-instate the conviction, sentence or order of the lower court appealed from, either in its original form or in such a modified form as the said Appellate Division may consider desirable; or 6 See s 1 of the Superior Courts Act 10 of 2013 which provides: ‘”appeal” in Chapter 5, does not include an appeal in a matter regulated in terms of the Criminal Procedure Act, 1977 (Act 51 of 1977), or in terms of any other criminal procedural law.’ 7 Compare: S v Seedat [2016] ZASCA 153; 2017 (1) SACR 141 (SCA) paras 29-30.