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POWERS OF THE COURT IN APPEALS OR REVIEWS



In the case of an appeal where the court upon hearing an appeal, it may dismiss or allow the appeal.  Section 354 states that in both appeal and review where the appeal or review emanates from a conviction the court may

1.                   Reverse the finding and sentence;
2.                  acquit or discharge the accused
3.                   Order a retrial before a competent court
4.                  alter the finding maintaining the sentence,
5.                  Reduce the sentence with or without altering the finding.
6.                  With or without reduction or increase, with or without altering the finding, alter the nature of the sentence.

Appeals against acquittal or order refusing to admit complaint or formal charge or order dismissing a charge;

Where the appeal is against acquittal, essentially these are powers where the law is in favour of the accused, the finding is always likely to favour the prosecution the court will hear and determine the matter of law and thereupon reverse, affirm or vary the determination of the subordinate court.  the prosecution can to the HC to review that order to reverse or review and vary that order.  Once the court remits the matter with its opinion to the subordinate court, either for re-hearing or any other order that it may deem fit. 

Section 364(1)(b) -     where it is an acquittal, the court without fully determining the matter can

Section 358 makes provision for the court to take further and additional evidence in the case of appeal and revision giving reasons for doing so.  Such evidence may be taken by the High Court itself or it can direct it to be taken by a subordinate court in which case such a court is required to certify such evidence to the high court.  the accused or his advocate shall be represent when additional evidence is taken unless directed otherwise..

 
 
 

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