CRIMINAL PROCEDURE.
No. 9 of 1899.
577
(4) On an appeal against sentence the Full Court shall-
(a) if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence (whether more or less severe) warranted in law in substitution therefor as it thinks ought to have been passed; and
(b) in any other case, dismiss the appeal.
(5) If it appear to the Full Court-
(a) that an appellant, though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Full Court may either affirm the sentence passed on the appellant at the trial, or pass such sentence in substitution therefor as it thinks proper, and as may be warranted in law on the count or part of the indictment on which it considers that the appellant has been properly convicted;
(b) that on the finding of the jury, where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, the jury must have been satisfied of facts which proved him guilty of that other offence, the Full Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a 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 other offence, not being a sentence of greater severity;
(c) that, where on the conviction of the appellant the jury have found a special verdict, a wrong conclusion has been arrived at by the court before which the appellant has 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 the Full Court to be in law required 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
7 Edw. 7, c. 23, s. 4 (3).
C.
7 Edw. 7, c. 23, s. 5.