Section 6: Determination of appeals in ordinary cases

6. Determination of appeals in ordinary cases (1) (a) The Court, on any appeal against conviction, shall allow the appeal if it thinks 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 before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law or that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal. (b) The Court may, notwithstanding that it thinks that the point raised in 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. (c) The Court may, where a serious irregularity has occurred, declare the trial to be a nullity and order a fresh hearing. (2) Subject to the express provisions of this Act, the Court shall, if it allows an appeal against conviction, quash the conviction and direct a judgment of acquittal to be entered. (2A) On appeal against— (a) the dismissal of a charge, the Court may— (i) affirm or reverse the dismissal of the Supreme Court and substitute therefor the appropriate determination or order a new trial; or (ii) declare the trial to be a nullity and order a fresh hearing where the Court is of opinion that a serious irregularity has occurred; (b) a conviction for a lesser offence than the one with which a person was charged, the Court may— (i) affirm or reverse, amend or alter the conviction, order or sentence and substitute therefor the appropriate determination or order a new trial, and may, if the order made or sentence passed is one which the Supreme Court had no power to make or pass, as the case may be, amend the judgment by substituting for the order or sentence such order or sentence as the Supreme Court had power to make or pass, as the case may be; or (ii) declare the trial to be a nullity and order a fresh hearing where the Court is of opinion that a serious irregularity has occurred. C56 – 3 [Issue 6] Criminal Appeal Act (3) On appeal against sentence, the Court shall, if it thinks that a different sentence should have been passed, quash the sentence and substitute therefor such other sentence as it may determine. [S. 6 amended by Act 15 of 1994; Act 15 of 2000; s. 6 of Act 20 of 2013 w.e.f. 3 August 2013.]