-576
No. 9 of 1899.
CRIMINAL PROCEDURE.
Appeals
7 Edw. 7, c. 23, s. 3.
#
[cf. No. 41 of 1932, s. 118D, & No. 8 of 1933, s. 2 (2) & (4).]
7 Edw. 7, 23, s. 4 (1).
C.
7 Edw. 7, c. 23, s. 4 (2).
Provided that the Full Court may, notwithstanding that it is of opinion that the question so reserved might be decided in favour of the convicted person, affirm the conviction if it considers that no substantial miscarriage of justice has actually occurred.
•
Appeals.
78A. (1) A person convicted on indictment may appeal to the Full Court-
(a) against his conviction on any ground of appeal which involves a question of law alone; and
(b) against his conviction, with the leave of the Full Court or upon the certificate of the judge who tried him that it is a fit case for appeal, on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact, or any other ground which appears to the Full Court or to the judge who tried him to be a sufficient ground of appeal; and
(c) with the leave of the Full Court or upon the certificate of the judge who tried him against the sentence passed on his conviction, unless the sentence is one fixed by law.
(2) On an appeal against conviction and, subject to the provisions of sub-section (5) of this section and section 78B, the Full Court shall allow the appeal if it thinks that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law, or that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal:
Provided that the Full Court may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.
(3) The Full Court may, if it allows an appeal against conviction, quash the conviction, and either direct a judgment and verdict of acquittal to be entered or order a new trial.
* As amended by No. 5 of 1933 [24.3.33] and Law Rev. Ord, 1937.