7
notice either before or after it expires, but will not exercise this power in the case of a conviction involving a sentence of death.
If it appears to the Registrar that a notice of appeal which purports to involve a question of law alone does not show any substantial ground of appeal he may refer it to the Court of Appeal for summary determination. In such a case, the Court of Appeal may. if it considers the appeal is frivolous or vexatious, dismiss it summarily.
In all other cases, the Registrar shall ensure all appeals or applications are heard and all documents, exhibits and other things necessary for the proper determination of the case are laid before the Court of Appeal. The appellant can also obtain from the Registrar any documents or things required for his appeal.
The Court of Appeal may grant bail to the appellant pending the determination of his appeal while the time during which an appellant is in custody pending determination of his appeal is usually reckoned as part of the term of the sentence to which he is for the time being subject.
The Court of Appeal shall allow the appeal against conviction if it thinks that the verdict of the jury should be set aside as being unsafe or unsatisfactory or the judgement of the court of trial was wrong in law or there was material irregularity in the course of trial. It may also order a retrial. Notwithstanding the above the Court of Appeal may dismiss the appeal if it considers that no miscarriage of justice has actually occurred.
Where the appellant has been convicted of an offence and the jury could have found him guilty of some other offence and if on the finding of the jury the Court of Appeal thinks that the jury must have been satisfied of facts which proved him guilty of the other offence, it may substitute for the verdict found by the jury a verdict of guilty of the other offence and pass such lighter sentence in substitution of the sentence passed at the trial as may be authorised by law for that other offence.
In any other case, it shall dismiss the appeal against conviction.
In the case of appeal against sentence, if the Court of Appeal considers that the appellant should be sentenced differently it may quash the sentence or order and substitute such sentence or order as it thinks appropriate (whether more or less severe) and as the court below had power to pass or make when dealing with the appellant for the offence.
The appellant may with leave appeal to the Judicial Committee of the Privy Council. Leave cannot be granted unless the Court of Appeal certifies that a point of law of general public importance is involved in the decision and it appears to it or to the Privy Council that the point is one which ought to be considered by the Judicial Committee of the Privy Council.
No comments yet.
Private notes are available after approval.