Amendment of section 810,
Amendment of section BIC.
Repeal and replacement of sections 82 and 83.
(4) Upon consideration of a question reserved under subsection (1), the Full Court may-
(a) affirm or quash the conviction or order a
new trial: and
make such other orders as may be necessary to give effect to its decision:
Provided that the Full Court may, notwithstand- ing that it is of opinion that the question so reserved might be decided in favour of the convicted person. affirm the conviction if it considers that no miscar- riage of justice has actually occurred.".
16. Section XIB of the principal Ordinance is amended in subsection (3) by deleting "81(9)" and substituting the following —
"83V".
17. Section 81C of the principal Ordinance is amended, in paragraph (a) of subsection (1), by deleting “section 81" and substituting the following-
"this Part".
18. Sections 82 and 83 of the principal Ordinance and their new sub-headings are repealed and replaced by the following-
“Appeal against conviction on indictment
Right of appeal.
1968. c. 19, 4. 1.
82. (1) A person convicted of an offence on indicument may appeal to the Full Court against his conviction.
(2) The appeal may be-
(a) on any ground which involves a question of
law alone; and
(b) with the leave of the Full Court, 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 Full Court 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 with- out the leave of the Full Court.
Grounds for allow- ing appsal under s. 82. 1968. c. 19,
Power to subsGtule conviction of allera. tive offence. 1969, c. 19, 3. 3.
83. (1) Except as provided by this Ordinance, the Full Court shaft allow an appeal against conviction if it thinks-
(a) that the verdict of the jury should be set aside on the ground that under all the cir- cumstances of the case it is unsafe or unsatis- factory, or
(6) that the judgment of the court of trial should be set aside on the ground of a wrong deci- sion 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 Full Court 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 Full Court shall, if it allows the appeal, quash the conviction.
(3) An order of the Full Court quashing a convic- tion shall, except when under section 83E the appellanı is ordered to be retried, operate as a direction to the court of trial to enter, instead of the record of convic- tion, a judgment and verdict of acquittal.
83A. (1) This section applies on an appeal against conviction, where the appellant has been con- victed of an offence and the jury could on the indict- ment have found him guilty of some other offence, and on the finding of the jury it appears to the Full Court that the jury must have been satisfied of facts which proved him guilty of the other offence.
(2) The Full Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of the 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.