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Chapter 11

254. Retrial

(1)

Where the Syariah Appeal Court allows an appeal against conviction or acquittal and it appears to the Syariah Appeal Court that the interests of justice so require, it may order the appellant or respondent to be retried.

(2)

The appellant or respondent shall not under this section be ordered to be retried for any offence other than -

(a)

the offence of which he was convicted or acquitted at the original trial and in respect of which his appeal is allowed as mentioned in subsection (1);

(b)

an offence of which he could have been convicted at the original trial on a charge for the first-mentioned offence;

(c)

an offence charged in an alternative count in respect of which the Syar'ie Judge did not give a verdict in consequence of convicting him of the first-mentioned offence; and

(d)

any other offence which may have been disclosed by evidence adduced at the original trial.

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