[Rev. 2012]
Criminal Procedure Code
CAP. 75
Provided that no appeal shall be rejected summarily unless the appellant or his
advocate has had the opportunity of being heard in support of the appeal, except—
(i) in a case falling within subsection (2) of this section;
(ii) repealed by Act No. 5 of 2003, s. 94.
(2) Where an appeal is brought on the ground that the conviction is against the
weight of the evidence, or that the sentence is excessive, and it appears to a judge
that the evidence is sufficient to support the conviction and that there is no material
in the circumstances of the case which could raise a reasonable doubt whether
the conviction was right or lead him to the opinion that the sentence ought to be
reduced, the appeal may, without being set down for hearing, be summarily rejected
by an order of the judge certifying that he has perused the record and is satisfied
that the appeal has been lodged without any sufficient ground for complaint.
(3) Whenever an appeal is summarily rejected notice of rejection shall forthwith
be given to the Director of Public Prosecutions and to the appellant or his advocate.
[Act No. 17 of 1967, s. 33, Act No. 5 of 2003, s. 94, Act No. 12 of 2012, Sch.]
352A. Summary allowance of appeal
Where an appeal against conviction has been lodged and a judge of the High
Court is satisfied that the conviction cannot be supported, and the Director of
Public Prosecutions has informed the court in writing that he does not support the
conviction, the judge may summarily allow the appeal.
[Act No. 17 of 1967, s. 34, Act No. 12 of 2012, Sch.]
353. Notice of time and place of hearing
If the High Court does not dismiss the appeal summarily, it shall cause notice to
be given to the appellant or his advocate, and to the respondent or his advocate,
of the time and place at which the appeal will be heard, and shall furnish the
respondent or his advocate with a copy of the proceedings and of the grounds of
appeal.
[Act No. 13 of 1967, First Sch.]
354. Powers of High Court
(1) At the hearing of the appeal the appellant or his advocate may address the
court in support of the particulars set out in the petition of appeal and the respondent
or his advocate may then address the court.
(2) The court may invite the appellant or his advocate to reply upon any matters
of law or fact raised by the respondent or his advocate in his address.
(3) The court may then, if it considers that there is no sufficient ground for
interfering, dismiss the appeal or may—
(a) in an appeal from a conviction—
(i) reverse the finding and sentence, and acquit or discharge the
accused, or order him to be tried by a court of competent
jurisdiction; or
C44 - 97
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