1950_CRIMINAL_PROCEDURE_ORDINANCE — Page 32

HK Historical Laws 香港歷史法例 All AI Reviewed

7 Edw. 7, c. 23, s. 4(2).

(3) The Full Court may, if it allows an appeal against conviction, quash the conviction, and either direct a judgment and verdict of acquittal to be entered or order a new trial.

7 Edw. 7, c. 23, s. 4(3).

7 Edw. 7, c. 23, s. 5.

(4) On an appeal against sentence the Full Court shall-
(a) if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence (whether more or less severe) warranted in law in substitution therefor as it thinks ought to have been passed; and
(b) in any other case, dismiss the appeal.

(5) If it appear to the Full Court-
(a) that an appellant, though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Full Court may either affirm the sentence passed on the appellant at the trial, or pass such sentence in substitution therefor as it thinks proper, and as may be warranted in law on the count or part of the indictment on which it considers that the appellant has been properly convicted;
(b) that on the finding of the jury, where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, the jury must have been satisfied of facts which proved him guilty of that other offence, the Full Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity;

166.

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CAP. 221] Criminal Procedure. [s. 82 cont.] ground of a wrong decision of any question of law, or that on any ground there was a miscarriage of justice, 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 substantial miscarriage of justice has actually occurred. 7 Edw. 7, c. 23, s. 4(2). (3) The Full Court may, if it allows an appeal against conviction, quash the conviction, and either direct a judgment and verdict of acquittal to be entered or order a new trial. 7 Edw. 7, c. 23, s. 4(3). 7 Edw. 7, c. 23, s. 5. (4) On an appeal against sentence the Full Court shall- (a) if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence (whether more or less severe) warranted in law in substitution therefor as it thinks ought to have been passed; and (b) in any other case, dismiss the appeal. (5) If it appear to the Full Court- (a) that an appellant, though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Full Court may either affirm the sentence passed on the appellant at the trial, or pass such sentence in substitution therefor as it thinks proper, and as may be warranted in law on the count or part of the indictment on which it considers that the appellant has been properly convicted; (b) that on the finding of the jury, where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, the jury must have been satisfied of facts which proved him guilty of that other offence, the Full Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity; 166.

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CAP. 221] Criminal Procedure. [s. 82 cont.] ground of a wrong decision of any question of law, or that on any ground there was a miscarriage of justice, 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 substantial miscarriage of justice has actually occurred. 7 Edw. 7, (3) The Full Court may, if it allows an appeal against c. 23, s. 4 (2). conviction, quash the conviction, and either direct a judg- ment and verdict of acquittal to be entered or order a new trial. 7 Edw. 7, c. 23, s. 4 (3). 7 Edw. 7, c. 23, s. 5. ·(4) On an appeal against sentence the Full Court shall- (a) if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence (whether more or less severe) warranted in law in substitution therefor as it thinks ought to have been passed; and (b) in any other casc, dismiss the appeal. (5) If it appear to the Full Court- (a) that an appellant, though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Full Court may either affirm the sentence passed on the appellant at the trial, or pass such sentence in substitution therefor as it thinks proper, and as may be warranted in law on the count or part of the indictment on which it considers that the appellant has been properly convicted; (b) that on the finding of the jury, where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, the jury must have been satisfied of facts which proved him guilty of that other offence, the Full Court may, instead of allowing or dis- missing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity; 166. -

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CAP. 221]

Criminal Procedure.

[s. 82 cont.] ground of a wrong decision of any question of law, or that on any ground there was a miscarriage of justice, 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 substantial miscarriage of justice has actually occurred.

7 Edw. 7,

(3) The Full Court may, if it allows an appeal against c. 23, s. 4 (2). conviction, quash the conviction, and either direct a judg- ment and verdict of acquittal to be entered or order a new trial.

7 Edw. 7, c. 23, s. 4 (3).

7 Edw. 7,

c. 23, s. 5.

·(4) On an appeal against sentence the Full Court shall-

(a) if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence (whether more or less severe) warranted in law in substitution therefor as it thinks ought to have been passed; and (b) in any other casc, dismiss the appeal.

(5) If it appear to the Full Court-

(a) that an appellant, though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Full Court may either affirm the sentence passed on the appellant at the trial, or pass such sentence in substitution therefor as it thinks proper, and as may be warranted in law on the count or part of the indictment on which it considers that the appellant has been properly convicted;

(b) that on the finding of the jury, where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, the jury must have been satisfied of facts which proved him guilty of that other offence, the Full Court may, instead of allowing or dis- missing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity;

1950_CRIMINAL_PROCEDURE_ORDINANCE — Page 32

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