1988 Ed.]
Criminal Procedure
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(b) any order made by the Court of Appeal under this section for his custody or admission to bail shall have effect subject to the said order.
(4) The Sixth Schedule shall have effect with respect to the procedure in the case of a person ordered to be retried and the sentence which may be passed if the retrial results in his conviction.
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 8]
Appeal against sentence
Appeal against sentence following conviction on indictment
83G. A person who has been convicted of an offence on indictment may appeal to the Court of Appeal against any sentence (not being a sentence fixed by law) passed on him for the offence, whether passed on his conviction or in subsequent proceedings.
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 9]
83H. (1) This section has effect for providing rights of appeal against sentence when a person is dealt with by the High Court (otherwise than on appeal from a magistrate) for an offence of which he was not convicted on indictment.
(2) The proceedings from which an appeal against sentence lies under this section are those where an offender-
(a) is committed by a magistrate under section 81B(3) of the Magistrates Ordinance (Cap. 227); or
(b) having been made the subject of a probation order or an order for conditional discharge or given a suspended sentence, appears or is brought before the court to be further dealt with for his offence.
(3) An offender dealt with for an offence in the High Court in a proceeding to which subsection (2) applies may appeal to the Court of Appeal in any of the following cases-
(a) where either for that offence alone or for that offence and other offences for which sentence is passed in the same proceeding, he is sentenced to imprisonment for a term of 6 months or more; or
(b) where the sentence is one which the court convicting him had not power to pass; or
(c) where the court in dealing with him for the offence makes in respect of him--
(i) a recommendation for deportation; or
(ii) an order disqualifying him from holding or obtaining a driving licence to drive a motor vehicle under Part VIII of the Road Traffic Ordinance (Cap. 374); or (Amended, 75 of 1982, s. 114)
(iii) an order under section 109C.
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1988 Ed.]
Criminal Procedure
[CAP. 221
49
(b) any order made by the Court of Appeal under this section for his custody or admission to bail shall have effect subject to the said order. (4) The Sixth Schedule shall have effect with respect to the procedure in the case of a person ordered to be retried and the sentence which may be passed if the retrial results in his conviction.
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 8]
Appeal against sentence
Appeal against sentence following conviction on indictment
83G. A person who has been convicted of an offence on indictment may appeal to the Court of Appeal against any sentence (not being a sentence fixed by law) passed on him for the offence, whether passed on his conviction or in subsequent proceedings.
Appeal against sentence in other cases dealt with at the High Court
( Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 9]
83H. (1) This section has effect for providing rights of appeal against sentence when a person is dealt with by the High Court (otherwise than on appeal from a magistrate) for an offence of which he was not convicted on indictment.
(2) The proceedings from which an appeal against sentence lies under this section are those where an offender-
(a) is committed by a magistrate under section 81B(3) of the Magistrates
Ordinance (Cap. 227); or
(b) having been made the subject of a probation order or an order for conditional discharge or given a suspended sentence, appears or is brought before the court to be further dealt with for his offence.
(3) An offender dealt with for an offence in the High Court in a proceeding to which subsection (2) applies may appeal to the Court of Appeal in any of the following cases-
(a) where either for that offence alone or for that offence and other offences for which sentence is passed in the same proceeding, he is sentenced to imprisonment for a term of 6 months or more; or
(b) where the sentence is one which the court convicting him had not
power to pass; or
(c) where the court in dealing with him for the offence makes in respect of
him--
(i) a recommendation for deportation; or
(ii) an order disqualifying him from holding or obtaining a driving licence to drive a motor vehicle under Part VIII of the Road Traffic Ordinance (Cap. 374); or (Amended, 75 of 1982, s. 114)
(iii) an order under section 109C.
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