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Contents

Chapter 11

259. Appeal under section 258

(1)

Subject to the provisions of this section, the Syariah Appeal

Court shall allow an appeal under section 258 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 Syariah 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 Syariah Appeal Court may dismiss an appeal under section 258 if it is of opinion that no miscarriage of justice has actually occurred.

(3)

Where apart from this subsection -

(a)

an appeal under section 258 would be allowed; and

(b)

none of the grounds for allowing it relates to the question of the insanity of the appellant,

Syariah Courts 146 CAP.

Criminal Procedure Code the Syariah Appeal Court 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 258 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 Syariah Appeal Court 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 Syar'ie Judge could have found him guilty). the Syariah Appeal Court shall -

(i)

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

(ii)

have the like powers of punishing or otherwise dealing with the appellant, and other powers, as the trial court would have had if the Syar'ie Judge had come to the substituted verdict; and

(b)

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

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