CAP. 75
Criminal Procedure Code
[Rev. 2012]
alter the finding, maintaining the sentence, or, with or without
altering the finding, reduce or increase the sentence; or
(iii) with or without a reduction or increase and with or without
altering the finding, alter the nature of the sentence;
(b) in an appeal against sentence, increase or reduce the sentence or
alter the nature of the sentence;
(bb) in an appeal from an acquittal, an appeal from an order refusing
to admit a complaint or formal charge or an appeal from an order
dismissing a charge, hear and determine the matter of law and
thereupon reverse, affirm or vary the determination of the subordinate
court, or remit the matter with the opinion of the High court thereon to
the subordinate court for determination, whether by way of rehearing
or otherwise, with such directions as the High Court may think
necessary, and make such other order in relation to the matter,
including an order as to costs, as High Court may think fit;
(c) in an appeal from an acquittal, an appeal from an order refusing
to admit a complaint or formal charge or an appeal from an order
dismissing a charge, hear and determine the matter of law and
thereupon reverse, affirm or vary the determination of the subordinate
court, or remit the matter with the opinion of the High Court thereon
to the subordinate court for determination, whether by way of rehearing or otherwise, with such directions as the High Court may
think necessary, and make such other order in relation to the matter,
including an order as to costs, as the High Court may think fit;
(d) in an appeal from any other order, alter or reverse the order,
(ii)
and in any case may make any amendment or any consequential or incidental
order that may appear just and proper.
(4) Subject to subsection (5), an appellant, notwithstanding that he is in custody,
shall be entitled to be present, if he desires it, at the hearing of the appeal:
Provided that where the appeal is on some ground involving a question of law
alone, he shall not be entitled to be present except with the leave of the High Court.
(5) The right of an appellant who is in custody to be present at the hearing of
the appeal shall be subject to his paying all expenses incidental to his transfer to
and from the place where the court sits for the determination of the appeal:
Provided that the court may direct that the appellant be brought before the court
in a case where in the opinion of the court his presence is advisable for the due
determination of the appeal, in which case the expenses shall be defrayed out of
moneys provided by Parliament.
(6) Nothing in subsection (1) shall empower the High Court to impose a greater
sentence than might have been imposed by the court which tried the case.
(7) Repealed by Act No. of 1969, Sch.
[Act No. 22 of 1959, s. 35, Act No. 13 of 1967, First Sch., Act No. 10 of 1969, First Sch.,
Act No. 5 of 2003, s. 95.]
[Issue 1]
C44 - 98
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