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CAP. 221]
Criminal Procedure
[1988 Ed.
the sentence passed by the court and pass such other sentence (whether more or less severe) warranted in law in substitution therefor as it thinks ought to have been passed;
(b) in any other case, refuse to alter the sentence.
(2) The Attorney General and the respondent shall have the right to be heard on the hearing of the review of a sentence.
(2A) The Court of Appeal may hear and determine an application for the review of a sentence notwithstanding that the respondent is not present, if the respondent has been served with an application or notice of it. (Added, 20 of 1979, s. 5)
(3) For the purposes of this section the Court of Appeal may exercise any of the powers conferred by section 83V.
(Added, 18 of 1972, s. 2. Amended, 34 of 1972, s. 16)
Limitation on review of sentence by Court of Appeal under section 81B
81C. (1) The Court of Appeal shall not review a sentence under section 81B if the respondent has
(a) appealed against the conviction in respect of which the sentence was passed, unless the appeal has been withdrawn or disposed of; (Replaced, 20 of 1979, s. 6)
(b) applied under section 104 of the Magistrates Ordinance (Cap. 227) to a magistrate to review his decision, unless the application has been withdrawn or disposed of; or
(c) applied under section 105 of the Magistrates Ordinance to a magistrate to state a case, unless the application has been withdrawn or disposed of.
(2) Nothing in section 81B shall prejudice the exercise of a right of appeal conferred on a convicted person by this or any other Ordinance, but the Court of Appeal may hear together an application for the review of a sentence and an appeal by the respondent under this Part against the sentence. (Amended, 20 of 1979, s. 6)
(Added, 18 of 1972, s. 2. Amended, 34 of 1972, s. 17 and 40 of 1978, s. 2)
Reference of question of law
Reference to Court of Appeal of question of law following acquittal
81D. (1) Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Attorney General may, if he desires the opinion of the Court of Appeal on a question of law which has arisen in the case, refer that question to the Court of Appeal which shall, in accordance with this section, consider the point and give its opinion on it.
(2) For the purpose of its consideration of a question referred to them under this section the Court of Appeal shall hear argument-
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