CRIMINAL APPEAL

Dominion, Volume 9, Issue 2770, 13 May 1916, Page 9

CRIMINAL APPEAL

... OPERATIVE CLAUSES OF THE BiLL. The Crimes Act Amendment Bill introduced by Mr. T. M. Wilford provides for criminal appeals. Following are the . operative clauses of the Bill: • That any. accused person may if the Court "before which he is tried : efuses to reserve any question of law, appeal to the Court of Appeal against his conviction on any ground of appeal 'which involves a question of law alone. ' That', any, accused person may with the. Rare oi&iw.'Court of Appeal appeal against his conviction on any ground of appeal that involves a-question of fact alono or a ■ question of united law -and fact, or any. pth'er ground which.appears to'the C-.iurt of Appeal to be, a sufficient'ground of appeal, ; jf the' Court before which- he is tried"'refuses : under Sub-section 3, Section 412, to reserve such a question. ■ That any accused person-may with thn leave of £ue Court of Appeal, appeal against the sentence passed on • cp's conviction unless the sentence is one fixed by law. ■{ O.t an appeal against a sentence, the Ccuft of. Appeal shall, if they tuink a. different sentence should have been pessed, quash the sentence passed at. the trial, .arid pass any other sentence warranted in' law by its verdict (whelLer more or less severe)'in substitution therefor as they think ought to be passed, and in any other, ease Bhall dismiss Ihe appeal, and shall 'have power to award cists against.the accused.person if the CVurt deems tile appeal frivolous, or one thatshould not have been brought.