1988 Ed.]
Criminal Procedure
[CAP. 221
47
other offence, and pass such sentence in substitution for the sentence passed at the trial as may be authorized by law for the other offence, not being a sentence of greater severity.
Sentence where appeal allowed on part of an indictment
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 3]
83B. (1) This section applies where on an appeal against conviction on an indictment containing 2 or more counts, the Court of Appeal allows the appeal in respect of part of the indictment.
(2) The Court of Appeal may in respect of any count on which the appellant remains convicted pass such sentence, in substitution for any sentence passed thereon at the trial, as it thinks proper and is authorized by law for the offence of which he remains convicted on that count.
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 4(1), (2)]
Disposal of appeal against conviction on special verdict
83C. (1) This section applies on an appeal against conviction by a person in whose case the jury has found a special verdict.
(2) If the Court of Appeal considers that a wrong conclusion has been arrived at by the court of trial on the effect of the jury's verdict it may, instead of allowing the appeal, order such conclusion to be recorded as appears to it to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be authorized by law.
Substitution of finding of insanity or unfitness to plead
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 5]
83D. (1) Where, on an appeal against conviction, the Court of Appeal is of opinion-
(a) that the proper verdict would have been one of not guilty by reason of insanity; or
(b) that the case is not one where there should have been a verdict of acquittal, but that there should have been a finding that the accused person was under disability,
the Court of Appeal shall make an order that the appellant be admitted to the Correctional Services Department Psychiatric Centre or such mental hospital as may be specified by the Governor. (Amended, 37 of 1973, s. 7)
(2) The Fifth Schedule shall apply with respect to the consequences and effect of an order made by the Court of Appeal under this section.
(3) On making an order under this section in the case of any person, the Court of Appeal may give such directions as it thinks fit for his conveyance to a place of safety and his detention there pending his admission to the Correctional Services Department Psychiatric Centre or the mental hospital within the relevant period specified by the Fifth Schedule. (Amended, 37 of 1973, s. 7)