Section 96: Powers of Supreme Court on appeal

96. Powers of Supreme Court on appeal (1) On hearing an appeal, no new evidence shall be admitted, and the information, depositions and other evidence and conviction before the Intermediate or District Court shall be revised by the Supreme Court. (2) Subject to subsections (3), (4) and (5), the Supreme Court may affirm or reverse, amend or alter the conviction, order or sentence, and may, if the order made or sentence passed is one which the trial 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 Court had power to make or pass, as the case may be. (3) Where any appeal has been lodged under section 92 and the Magistrate who has the custody of the record certifies in writing to the Supreme Court that the record, relating to the appeal, has disappeared and cannot be reconstituted, the Supreme Court may order a new trial. (4) Where, on an appeal under section 92, the Supreme Court is of opinion that a Magistrate or the Intermediate Court has— (a) made an erroneous exercise of the powers conferred by section 127, 128 or 129; or (b) in the case of a person charged on alternative counts of simple or aggravated larceny and reception or possession of stolen property, erroneously dismissed one of the charges and convicted on the other, the Court may reverse or alter the conviction, or dismissal as the case may be, and substitute therefor the appropriate determination. (5) Where, on an appeal under section 92, the Supreme Court is of opinion that a serious irregularity has occurred, it may declare the trial to be a nullity and order a fresh hearing. [S. 96 amended by Act 29 of 1990; Act 15 of 1994.]