Royal Brunei Armed Forces Act · s 145

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145.
Variation of conviction so as to attract different sentence
(1) Where —
(a) an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment; and
(b) it appears to the Court of Appeal on an appeal against conviction that the court-martial by which he was tried ought to have found him guilty of the offence as being committed under circumstances involving the lower degree of punishment, the court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment.
(2) Where an appellant has been convicted of an offence and it appears to the Court of Appeal on an appeal against conviction that the court-martial by which he was tried ought to have found him guilty of the offence subject to exceptions or variations, the court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the offence subject to exceptions or variations.
(3) Where the Court of Appeal exercise the power conferred by subsection (1) or (2), they may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think

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proper, being a sentence warranted by this Act for the offence specified or involved in the substituted finding, but not a sentence of greater severity.

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s 145Variation of conviction so as to attract different sentence

(1)

Where —

(a)

an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment; and

(b)

it appears to the Court of Appeal on an appeal against conviction that the court-martial by which he was tried ought to have found him guilty of the offence as being committed under circumstances involving the lower degree of punishment, the court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment.

(2)

Where an appellant has been convicted of an offence and it appears to the Court of Appeal on an appeal against conviction that the court-martial by which he was tried ought to have found him guilty of the offence subject to exceptions or variations, the court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the offence subject to exceptions or variations.

(3)

Where the Court of Appeal exercise the power conferred by subsection (1) or (2), they may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think

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proper, being a sentence warranted by this Act for the offence specified or involved in the substituted finding, but not a sentence of greater severity.