Criminal Procedure Code · s 438D

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438D.
Grounds for allowing appeal
(1) Except as provided by this Code, the Court of Appeal shall allow an appeal by the Public Prosecutor under section 438A if it thinks that -
(a) the acquittal should be set aside on the ground that it is unsafe or unsatisfactory;
(b) the acquittal should be set aside on the ground of a wrong decision on any question of law; or
(c) there was a material irregularity in the course of the trial, and in any other case shall dismiss the appeal.
(2)
Notwithstanding subsection (I), the Court of Appeal may dismiss the appeal if it considers that, notwithstanding that the point raised in

222

Criminal Procedure Code the appeal might be decided in favour of the Public Prosecutor, no miscarriage of justice has actually occurred.
(3) The Court of Appeal shall, if it allows the appeal, quash the acquittal.
(4) An order of the Court of Appeal quashing an acquittal shall, except when under section 438H the respondent is ordered to be retried, operate as a direction to the trial Court to enter, instead of the record of acquittal, a judgment and verdict of conviction.

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s 438DGrounds for allowing appeal

(1)

Except as provided by this Code, the Court of Appeal shall allow an appeal by the Public Prosecutor under section 438A if it thinks that -

(a)

the acquittal should be set aside on the ground that it is unsafe or unsatisfactory;

(b)

the acquittal should be set aside on the ground of a wrong decision on any question of law; or

(c)

there was a material irregularity in the course of the trial, and in any other case shall dismiss the appeal.

(2)

Notwithstanding subsection (I), the Court of Appeal may dismiss the appeal if it considers that, notwithstanding that the point raised in

222

Criminal Procedure Code the appeal might be decided in favour of the Public Prosecutor, no miscarriage of justice has actually occurred.

(3)

The Court of Appeal shall, if it allows the appeal, quash the acquittal.

(4)

An order of the Court of Appeal quashing an acquittal shall, except when under section 438H the respondent is ordered to be retried, operate as a direction to the trial Court to enter, instead of the record of acquittal, a judgment and verdict of conviction.