Section 9Part 3 — Appellate Criminal Jurisdiction
Determination of criminal appeals
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Subject to section 12, the Court shall allow an appeal against conviction if it thinks —
that the verdict of the jury should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory;
that the judgment of the Court before which the appellant was convicted should be set aside on the ground of a wrong decision on any question of law; or
that there was a material irregularity in the course of the trial,
and in any other case shall dismiss the appeal:
Provided that the Court may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if the Court considers that no substantial miscarriage of justice has actually occurred.
Subject to this Act, the Court shall, if it allows an appeal against conviction, quash the conviction and direct that a judgment and verdict of acquittal be entered, or, if the interests of justice so require, may order a new trial in accordance with such directions as the Court may give.
On an appeal against sentence the Court shall, if it considers that a different sentence ought to have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law by the verdict (whether more or less severe) in substitution therefor as the Court considers ought to have been passed, and in any other case shall dismiss the appeal.
Where, on the conviction of the appellant, the jury has found a special verdict, and the Court considers that a wrong conclusion has been arrived at by the court before which the appellant has been convicted on the effect of that verdict, the Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Court to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law.
Cross References
- Section 12 of Court Of Appeal Act
subject to section 12