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
(2) Where an appellant has been convicted of an offence and the jury
could on the indictment have found him guilty of some other offence,
and on the finding of the jury it appears to the Court of Criminal
Appeal that the jury must have been satisfied of the facts which
proved him guilty of that other offence, the court may, instead of
allowing or dismissing the appeal, substitute for the verdict found
by the jury a verdict of guilty of that other offence, and pass such
sentence in substitution for the sentence passed at the trial as may
be warranted in law for that other offence, not being a sentence of
greater severity.
(3) Where on the conviction of the appellant the jury have found
a special verdict, and the Court of Criminal Appeal consider that
a wrong conclusion has been arrived at by the court before which
the appellant has been convicted on the effect of that verdict, the
Court of Criminal Appeal may, instead of allowing the appeal, order
such conclusion to be recorded as appears to the court to be in law
required by the verdict, and pass such sentence in substitution for
the sentence passed at the trial as may be warranted in law.
(4) If on any appeal it appears to the Court of Criminal Appeal that,
although the appellant was guilty of the act or omission charged
against him, he was insane at the time the act was done or omission
made so as not to be responsible according to law for his actions,
the court may quash the sentence passed at the trial and order the
appellant to be kept in custody as a criminal lunatic under the Trial
of Lunatics Act, 1883, in the same manner as if a special verdict had
been found by the jury under that Act.
=6.= The operation of any order for the restitution of any property
to any person made on a conviction on indictment, and the operation
in case of any such conviction, of the provisions of subsection (1)
of section twenty-four of the Sale of Goods Act, 1893, as to the
re-vesting of the property in stolen goods on conviction, shall
(unless the Court before whom the conviction takes place direct to
the contrary in any case in which, in their opinion, the title to the
property is not in dispute) be suspended--
(_a_) in any case until the expiration of ten days after the date
of conviction, and
(_b_) in cases where notice of appeal or leave to appeal is given
within ten days after the date of conviction, until the
determination of the appeal;
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