CRIMINAL APPEALS ACT 2004 - SECT 30

CRIMINAL APPEALS ACT 2004 - SECT 30

30 .         Appeal against conviction, decision on

        (1)         This section applies in the case of an appeal against a conviction by an offender.

        (2)         Unless under subsection (3) the Court of Appeal allows the appeal, it must dismiss the appeal.

        (3)         The Court of Appeal must allow the appeal if in its opinion —

            (a)         the verdict of guilty on which the conviction is based should be set aside because, having regard to the evidence, it is unreasonable or cannot be supported; or

            (b)         the conviction should be set aside because of a wrong decision on a question of law by the judge; or

            (c)         there was a miscarriage of justice.

        (4)         Despite subsection (3), even if a ground of appeal might be decided in favour of the offender, the Court of Appeal may dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.

        (5)         If the Court of Appeal allows the appeal, it must set aside the conviction of the offence ( offence A ) and must —

            (a)         order a trial or a new trial; or

            (b)         enter a judgment of acquittal of offence A; or

            (c)         if —

                  (i)         the offender could have been found guilty of some other offence ( offence B ) instead of offence A; and

                  (ii)         the court is satisfied that the jury must have been satisfied or, in a trial by a judge alone, that the judge must have been satisfied of facts that prove the offender was guilty of offence B,

                enter a judgment of conviction for offence B and impose a sentence for offence B that is no more severe than the sentence that was imposed for offence A; or

            (d)         if the court is satisfied that the offender should have been found not guilty of offence A on account of unsoundness of mind — enter a judgment of acquittal of offence A on account of unsoundness of mind and deal with the offender under the Criminal Law (Mentally Impaired Accused) Act 1996 ; or

            (e)         if the offender could have been found guilty of some other offence ( offence B ) instead of offence A and the court is satisfied —

                  (i)         that the jury must have been satisfied or, in a trial by a judge alone, that the judge must have been satisfied of facts that prove the offender did the acts or made the omissions that constitute offence B; and

                  (ii)         that the offender should have been found not guilty of offence B on account of unsoundness of mind,

                enter a judgment of acquittal of offence B on account of unsoundness of mind and deal with the offender under the Criminal Law (Mentally Impaired Accused) Act 1996 .

        (6)         If the Court of Appeal enters a judgment of acquittal of offence A or enters a judgment of conviction of offence B, it may vary any sentence —

            (a)         that was imposed for an offence other than offence A at or after the time when the offender was sentenced for offence A; and

            (b)         that took into account the sentence for offence A.