1988 Ed.]
Criminal Procedure
[CAP. 221
51
(a) on any ground of appeal 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 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.
Disposal of appeal under s. 83J
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 12]
83K. (1) Subject to the provisions of this section, the Court of Appeal shall allow an appeal under section 83J if it is of opinion-
(a) that the verdict should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or
(b) that the order of the court giving effect to the verdict should be set aside on the ground of a wrong decision of 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.
(2) The Court of Appeal may dismiss an appeal under section 83J if of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.
(3) Where apart from this subsection-
(a) an appeal under section 83J would fall to be allowed; and
(b) none of the grounds for allowing it relates to the question of the insanity of the accused person,
the Court of Appeal may dismiss the appeal if it is of opinion that, but for the insanity of the accused person, the proper verdict would have been that he was guilty of an offence other than the offence charged.
(4) Where an appeal under section 83J is allowed, the following provisions apply-
(a) if the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused person ought not to stand and the Court of Appeal is of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the Court of Appeal-
(i) shall substitute for the verdict of not guilty by reason of insanity a verdict of guilty of that offence; and
(ii) shall have the like powers of punishing or otherwise dealing with the appellant, and other powers, as the court of trial would have had if the jury had come to the substituted verdict; and