Royal Brunei Armed Forces Act · s 144

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s 144Substitution of conviction on different charge

(1)

This section applies where an appellant has been convicted of an offence and the court-martial by which he was tried could lawfully have found him guilty of some other offence, and it appears to the Court of Appeal on an appeal against conviction that the court-martial must have been satisfied of facts which proved him guilty of that other offence.

(2)

The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by this Act for that other offence, but not a sentence of greater severity.