Criminal Procedure.
[CAP. 221
(c) that, where on the conviction of the appellant the jury have found a special verdict, a wrong conclusion has been arrived at by the court before which the appellant has been convicted on the effect of that verdict, the Full Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Full Court to be in law required and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law;
(d) that, although the appellant was guilty of the act or omission charged against him, he was insane at the time the act was done or omission made so as not to be responsible according to law for his actions, the Full Court may quash the sentence passed at the trial and make such order and report as would have been made by the trial judge under section 78 if a special verdict had been found by the jury;
c. 23, s. 6 (2).
(e) that any order made on the trial for the restitution of any property to any person should be annulled or varied, although the conviction is not quashed, the Full Court may annul or vary the order; and the order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.
(6) Unless the Full Court directs to the contrary in cases where, in its opinion, the appeal involves a question of law on which it would be convenient that separate judgments should be pronounced by the members of the court, the judgment of the Full Court shall be pronounced by the president or such other member of the Full Court hearing the case as the president directs.
s.s. Ord. s. 3 (6).
5 of 1931.
c. 23, s. 7.
(7) Notice of appeal or of an application for leave to appeal shall be given within ten days of the date of conviction, or (except in case of a conviction involving sentence of death) within such extended time as the Full Court may allow, in such manner as may be provided by rules and orders made under section 9 or be directed by the Chief Justice in any matter not provided for by any such rules. Such rules shall enable any person convicted to present his case and his argument in writing instead of by oral argument if he so desires. In the case
167
as may
Criminal Procedure.
[CAP. 221
(c) that, where on the conviction of the appellant the (s. 82 cont.]
jury have found a special verdict, a wrong con- clusion has been arrived at by the court before which the appellant has been convicted on the effect of that verdict, the Full Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Full Court to be in law required and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law;
(d) that, although the appellant was guilty of the act or omission charged against him, he was insane. at the time the act was done or omission made so as not to be responsible according to law for his actions, the Full Court may quash the sentence passed at the trial and make such order and report as would have been made by the trial judge under section 78 if a special verdict had been found by the jury;
c. 23, s. 6 (2).
(e) that any order made on the trial for the restitution 7 Edw. 7.
of any property to any person should be annulled or varied, although the conviction is not quashed, the Full Court may annul or vary the order; and the order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.
(6) Unless the Full Court directs to the contrary in cases where, in its opinion, the appeal involves a question of law on which it would be convenient that separate judg- ments should be pronounced by the members of the court, the judgment of the Full Court shall be pronounced by the president or such other member of the Full Court hearing the case as the president directs.
s.s. Ord. s. 3 (6).
5 of 1931.
c. 23, s. 7.
(7) Notice of appeal or of an application for leave to 7 Edw. 7, appeal shall be given within ten days of the date of conviction, or (except in case of a conviction involving sentence of death) within such extended time as the Full Court may allow, in such manner as may be provided by rules and orders made under section 9 or be directed by the Chief Justice in any matter not provided for by any such rules. Such rules shall enable any person convicted to present his case and his argument in writing instead of by oral argument if he so desires. In the case
-
167
as may
No comments yet.
Private notes are available after approval.