JUSTICES ACT 1902 - SECT 110 Errors in form or law not of themselves to enable appeal success

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 110

110 Errors in form or law not of themselves to enable appeal success

(1) The Supreme Court is not to quash or set aside a conviction, order or sentence on an appeal merely because of:

(a) an omission or mistake in the form of the conviction or order, or

(b) any error in law in the order or sentence,

if it appears to the Supreme Court that there were sufficient grounds before the Magistrate to have authorised a conviction, order or sentence free from the omission, mistake or error.

(2) In any such case, the Supreme Court may:

(a) amend the conviction, order or sentence and determine the appeal as if the omission, mistake or error did not exist, or

(b) remit the case to the Magistrate to make the conviction or order, or impose the sentence, authorised by law and to amend the conviction, order or sentence accordingly.