Section 7: Powers of Court in special cases

7. Powers of Court in special cases (1) Where it appears to the Court that an appellant, though not properly convicted on some count or part of the information, has been properly convicted on some other count or part of the information, the Court may affirm the sentence passed on the appellant at the trial or pass such sentence in substitution therefor as it thinks proper and as may be warranted in law by the verdict on the count or part of the information on which the Court considers that the appellant has been properly convicted. (2) Where an appellant has been convicted of an offence and the jury, or the Judge, as the case may be, who tried him could on the information have found him guilty of some other offence, and on the finding of the jury or of the Judge as the case may be, it appears to the Court that the jury or the Judge, as the case may be, must have been satisfied of facts which proved him guilty of that other offence, the Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury or the Judge, as the case may be, a verdict of guilty of that other offence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity. (3) Where on the conviction of the appellant the jury has found a special verdict, and the Court considers that a wrong conclusion has been arrived at by the Judge before whom the appellant has been convicted on the effect of that verdict, the Court may, instead of allowing the appeal, order such conclusion to be recorded as it appears to the Court to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law. (4) Where, on any appeal, it appears to the Court that the appellant should have been acquitted on account of his insanity at the time he did the act or made the omission charged against him, the Court may quash the sentence passed at the trial and order the appellant to be kept in strict custody, in such place and in such manner as the Court may determine fit until the President’s pleasure, and the President may then give such order for the safe custody of such person during his pleasure in such place and in such manner as he may determine. [S. 7 amended by Act 48 of 1991.]