Section 5: Right of appeal
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
5. Right of appeal
(1) A person convicted before the Supreme Court may appeal under this
Act against his conviction or sentence.
(2) The Director of Public Prosecutions may appeal to the Court against a
final decision of the Supreme Court or a verdict of the jury where—
(a) a charge has been dismissed or a person has been acquitted;
(b) a person has been convicted of a lesser offence than the one
with which he was charged; or
(c) he is of opinion that the sentence passed is wrong in law or unduly lenient.
[Issue 6] C56 – 2
Revised Laws of Mauritius
(3) No appeal shall lie against an acquittal following a verdict of not
guilty except on the ground that—
(a) the trial Judge gave a substantial misdirection in the course of
his summing-up to the jury;
(b) the verdict is unreasonable or cannot be supported having regard
to the evidence; or
(c) a serious irregularity occurred in the course of or in relation to
the trial, or the acquittal is otherwise tainted.
[S. 5 amended by Act 15 of 1994; Act 15 of 2000; s. 5 of Act 20 of 2013 w.e.f.
3 August 2013.]