7 Ed. 7, r. 23, s. 6
2).
S.S. Ord. No. 5 of 1931. s. 3 (6).
*Ed. 7, ≈ 23, s. 7.
7 Ed. 7.
c. 23. s. 9.
224
been convicted on the effect of that verdict, the Full Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to them 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;
(d) that, although the appellant was guilty of the act or omission charged against him, he was insane at the time the act was done or omission made so as not to be responsible according to law for his actions, the Full Court may quash the sentence passed at the trial and make such order and report as would have been made by the trial judge under section 76 if a special verdict had been found by the jury;
(e) that any order made on the trial for the restitution of any property to any person should be annulled or varied, although the conviction is not quashed, the Full Court may annul or vary the order; and the order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.
(6) Unless the Full Court direct to the contrary in cases where, in their opinion, the appeal involves a question of law on which it would be convenient that separate judgments should be pronounced by the members of the court, the judgment of the Full Court shall be pronounced by the president or such other member of the Full Court hearing the case president directs.
as the
(7) Notice of appeal or of an application for leave to appeal shall be given within ten days of the date of convic- tion, or (except in case of a conviction involving sentence of death) within such extended time as the Full Court may allow, in such manner as may be provided by rules and orders made under section 10 of this Ordinance or as may be directed by the Chief Justice in any matter not provided for by any such rules. Such rules shall enable any person convicted to present his case and his argument in writing instead of by oral argument if he so desires. In the case of a conviction involving sentence of death or corporal punishment the sentence shall not be executed until after the expiration of the time within which notice of appeal or of an application for leave to appeal may be given; and if notice is so given the appeal or application shall be heard and determined with as much expedition as practicable, and the sentence shall not be executed until after the determination of the appeal, or, in cases where an application for leave to appeal is finally refused, of the application.
(8) For the purposes of this Ordinance, the Full Court may, if they think it necessary or expedient in the interests of justice--
(a) order the production of any document, exhibit, or other thing connected with the proceedings the production of which appears to them necessary for the determination of the case; and
com-
(b) order any witnesses who would have been pellable witnesses at the trial to attend and be examined before the Full Court. whether they were or were not called at the trial, or order the examination of any such witnesses to he conducted in manner provided by rules and orders made under section 10 of this Ordinance before any judge of the court or before any officer of the court or any magistrate, justice of the peace or other person appointed by the Full Court for the purpose, and allow the admission of any depositions so taken as evidence before the Full Court; and