New South Wales Consolidated Acts
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CRIMINAL APPEAL ACT 1912 - SECT 6
Determination of appeals in ordinary cases
6 Determination of appeals in ordinary cases
(1) The court on any appeal under section 5 (1) against conviction shall allow
the appeal if it is of opinion 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 of trial should be
set aside on the ground of the wrong decision of any question of law, or that
on any other ground whatsoever there was a miscarriage of justice, and in any
other case shall dismiss the appeal; provided that the court may,
notwithstanding that it is of opinion that the point or points raised by the
appeal might be decided in favour of the appellant, dismiss the appeal if it
considers that no substantial miscarriage of justice has actually occurred.
(2) Subject to the special provisions of this Act, the court shall, if it
allows an appeal under section 5 (1) against conviction, quash the conviction
and direct a judgment and verdict of acquittal to be entered.
(3) On an
appeal under section 5 (1) against a sentence, the court, if it is of opinion
that some other sentence, whether more or less severe is warranted in law and
should have been passed, shall quash the sentence and pass such other sentence
in substitution therefor, and in any other case shall dismiss the appeal.
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