Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 7
145. Variation of conviction so as to attract different sentence
Official textFrom Attorney General's Chambers, unchanged
Where —
an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment; 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 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.
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.
appellant
“appellant” includes a person who has been tried by court-martial and wishes to appeal under this Part to the Court of Appeal;
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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Armed Forces
“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
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.
Terms defined in this Act
appellant
Defined · s 138“appellant” includes a person who has been tried by court-martial and wishes to appeal under this Part to the Court of Appeal;
Armed Forces
Defined · s 2“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;