Skip to content
bruneilawsby aturio
In force2021 Revised Edition
Contents

Chapter XLIV

425. Appeal under section 424

(1)

Subject to the provisions of this section, the Court of Appeal shall allow an appeal under section 424 if it is of opinion that -

(a)

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

(b)

the order of the court giving effect to the verdict should be set aside on the ground of a wrong decision of 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 an appeal under section 424 if it is of opinion that, notwithstanding the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.

(3)

Where apart from this subsection -

(a)

an appeal under section 424 would be allowed; and

(6)

none of the grounds for allowing it relates to the question of the insanity of the appellant, the Court of Appeal may dismiss the appeal if it is of opinion that, but for the insanity of the appellant, the proper verdict would have been that he was guilty of an offence other than the offence charged.

(4)

Where an appeal under section 424 is allowed, the following provisions apply -

(a)

if the ground or one of the grounds for allowing the appeal is that the finding as to the insanity of the appellant ought not to stand and the Court of Appeal is of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the Judge could have found him guilty), the Court of Appeal shall -

(i)

substitute for the verdict of not guilty by reason of insanity, a verdict of guilty of that offence; and

(ii)

have the same powers of punishing or otherwise dealing with the appellant, and other powers, as the trial Court would have had if the Judge had come to the substituted verdict; and

(6)

in any other case, the Court of Appeal shall substitute for the verdict of not guilty by reason of insanity, a verdict of acquittal.

214

Criminal Procedure Code

Report

Read on from s 426

Chapter XLV

Read on from Chapter XLV

Schedules