Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
(_a_) against a conviction on any ground of appeal which involves a
question of law alone, and
(_b_) with the leave of the Court of Criminal Appeal or upon the
certificate of the Judge who tried him that it is a fit case
for appeal against his conviction on any ground of appeal
which involves a question of fact alone, or a question of
mixed law and fact, or any other ground which appears to the
court to be a sufficient ground of appeal, and
(_c_) with the leave of the Court of Criminal Appeal against the
sentence passed on his conviction unless the sentence is one
fixed by law.
=4.= (1) The Court of Criminal Appeal on any such appeal against
conviction shall allow the appeal if they think that the verdict of
the jury should be set aside on the ground that it is unreasonable
or cannot be supported having regard to the evidence, or that the
judgment of the court before whom the appellant was convicted should
be set aside on the ground of a wrong decision of any question of
law, or that on any ground there was a miscarriage of justice, and in
any other case shall dismiss the appeal.
Provided that the court may, notwithstanding that they are of opinion
that the point raised in the appeal might be decided in favour of the
appellant, dismiss the appeal if they consider that no substantial
miscarriage of justice has occurred.
(2) Subject to the special provisions of this Act, the Court of
Criminal Appeal shall, if they allow an appeal against conviction,
quash the conviction and direct a judgment and verdict of acquittal
to be entered.
(3) On an appeal against sentence the Court of Criminal Appeal
shall, if they think that a different sentence should have been
passed, quash the sentence passed at the trial, and pass such other
sentence warranted in law by the verdict (whether more or less
severe) in substitution therefor as they think ought to have been
passed, and in any other case shall dismiss the appeal.
=5.= (1) If it appears to the Court of Criminal Appeal that an
appellant, though not properly convicted on some count or part of the
indictment, has been properly convicted on some other count or part
of the indictment, the court may either affirm the sentence passed
on the appellant at the trial, or pass such sentence in substitution
therefor as they think proper, and as may be warranted in law by the
verdict on the count or part of the indictment on which the court
consider that the appellant has been properly convicted.
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