← belizelaw.ai · Court Of Appeal, Cap. 90 · PART IV — Criminal Appeals

Determination of appeals in ordinary cases

Cap. 90, s. 30 · Revised Edition 2020

(1) The Court on any such appeal against conviction shall allow the appeal if it thinks that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before which the appellant was convicted should be set aside on the ground of a wrong decision of any question of law 24 or that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal, provided that the Court may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred. (2) Subject to the special provisions of this Part, the Court shall, if it allows an appeal against conviction, quash the conviction and direct a judgment and verdict of acquittal to be entered, or if the interests of justice so require, order a new trial. (3) On an appeal against sentence the Court shall, if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence warranted in law by the verdict (whether more or less severe) in substitution therefore as it thinks ought to have been passed, and in any other case shall dismiss the appeal. (4) The power of the Court to pass a sentence includes a power to make any such order or recommendation as the convicting court might have made and a recommendation so made by the Court shall have the same effect as the certificate and recommendation of the convicting court.
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