Section 12Part 3 — Appellate Criminal Jurisdiction
Powers of the Court in special cases
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If it appears to the Court that an appellant, though not properly convicted on some count of an indictment, information or charge, has been properly convicted on some other count thereof, the Court may either affirm the sentence passed on the appellant at the trial or pass such sentence in substitution therefor as the Court thinks proper and as may be warranted in law by the judgment or verdict on the count or part of the indictment, information or charge on which the Court considers that the appellant has been properly convicted.
Where the appellant has been convicted of an offence and the court of trial or the jury could have found the appellant guilty of some other offence, and on the finding or verdict of such court or jury it appears to the Court that the court of trial or jury must have been satisfied of facts which proved the appellant guilty of that other offence, the Court, instead of allowing or dismissing the appeal, may substitute for the judgment passed or verdict given by the court of trial or jury a judgment or verdict of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that offence, not being a sentence of greater severity.
If, on an appeal, it appears to the Court that, although the appellant committed the act or omission charged against that person, the appellant was insane at the time the act was done or the omission made so as not to be responsible according to law for the appellant's actions, the Court may quash the sentence passed at the trial and order the appellant to be dealt with in accordance with section 159 of the Criminal Procedure Code (2021 Revision), in all respects as if a special verdict had been found against the appellant in accordance with section 158 of that law.
Cross References
- Section 159 of Criminal Procedure Code
dealt with in accordance with section 159 of the Criminal Procedure Code (2021 Revision)
- Section 158 of Criminal Procedure Code
as if a special verdict had been found in accordance with section 158 of the Criminal Procedure Code
Referenced By
- Section 9 — Determination of criminal appeals
subject to section 12