Criminal Procedure.
[CAP. 221]
of the Full Court on the trial of any indictment, and, in case the accused person is convicted, may postpone judgment until such Court question has been considered and decided, and in the meanwhile may commit the person convicted to prison or take a recognizance of bail, with or without one or more sufficient sureties, and in such sum as he may think fit, conditioned to appear at such time or times as the court may direct and receive judgment.
(2) Upon the consideration of the question so reserved it shall be lawful for the Full Court to affirm or to quash the conviction or to direct a new trial, and to make such other orders as may be necessary to give effect to its decision: Provided that the Full Court may, notwithstanding 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 substantial miscarriage of justice has actually occurred.
Appeals.
[78]
82. (1) A person convicted on indictment may appeal to the Full Court-
(a) against his conviction on any ground of appeal which involves a question of law alone; and
(b) against his conviction, with the leave of the Full Court or upon the certificate of the judge who tried him that it is a fit case for appeal, on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact, or any other ground which appears to the Full Court or to the judge who tried him to be a sufficient ground of appeal; and
(c) with the leave of the Full Court or upon the certificate of the judge who tried him against the sentence passed on his conviction, unless the sentence is one fixed by law.
7 Edw. 7, c. 23, s. 8.
c. 23, s. 4 (1).
(2) On an appeal against conviction and, subject to the provisions of subsection (5) and section 83, the Full Court shall allow the appeal if it thinks that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before whom the appellant was convicted should be set aside on the
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Criminal Procedure.
[CAP. 221
of the Full
on the trial of any indictment, and, in case the accused consideration person is convicted, may postpone judgment until such Court. question has been considered and decided, and in the mean- while may commit the person convicted to prison or take a recognizance of bail, with or without one or more sufficient sureties, and in such sum as he may think fit, conditioned to appear at such time or times as the court may direct and receive judgment.
(2) Upon the consideration of the question so reserved it shall be lawful for the Full Court to affirm or to quash the conviction or to direct a new trial, and to make such other orders as may be necessary to give effect to its decision: Provided that the Full Court may, notwith- standing 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 substantial miscarriage of justice has actually occurred.
Appeals.
[78
82. (1) A person convicted on indictment may appeal Appeals. to the Full Court-
(a) against his conviction on any ground of appeal
which involves a question of law alone; and
(b) against his conviction, with the leave of the Full Court or upon the certificate of the judge who tried him that it is a fit case for appeal, on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact, or any other ground which appears to the Full Court or to the judge who tried him to be a sufficient ground of appeal; and
(c) with the leave of the Full Court or upon the certi- ficate of the judge who tried him against the sentence passed on his conviction, unless the sentence is one fixed by law.
7 Edw. 7, c. 23, s. 8.
c. 23, s. 4 (1).
(2) On an appeal against conviction and, subject to 7 Edw. 7, the provisions of subsection (5) and section 83, the Full Court shall allow the appeal if it thinks that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before whom the appellant was convicted should be set aside on the
165
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