46
CAP. 2211
Criminal Procedure
[1988 Ed.
(2) The appeal may be—
(a) on any ground which involves a question of law alone; and
(b) with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal;
but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.
(Replaced, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 1]
Grounds for allowing appeal under s. 82
83. (1) Except as provided by this Ordinance, the Court of Appeal shall allow an appeal against conviction if it thinks—
(a) that the conviction should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or (Amended, 50 of 1981, s. 3)
(b) that the judgment of the court of trial should be set aside on the ground of a wrong decision on any question of law; or
(c) 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 of Appeal 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 miscarriage of justice has actually occurred.
(2) In the case of an appeal against conviction the Court of Appeal shall, if it allows the appeal, quash the conviction.
(3) An order of the Court of Appeal quashing a conviction shall, except when under section 83E the appellant is ordered to be retried, operate as a direction to the court of trial to enter, instead of the record of conviction, a judgment and verdict of acquittal.
Power to substitute conviction of alternative offence
(Replaced, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 2]
83A. (1) This section applies on an appeal against conviction, where the appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him guilty of the other offence.
(2) The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of the