Court to decide Criminal Appeals Act.-1924. "Sentence" includes any order of the Court of trial or of the Judge thereof made on or in connection with a conviction with reference to the person convicted or any property, or with reference to any moneys to be paid by him. 4. (1) The determination of any question before the Full Court according to opinion under this Act shall be according to the opinion of the majority of the members of the Court hearing the case. of majority. Cf. 7 Edw. VII., c. 23, s. 1 (4), (5). Right of appeal in criminal cases. Cf. ibid., s. 3. Determination of cases. (2) Unless the Court directs to the contrary in cases where, in the opinion of the Court, the question is a question of law on which it would be convenient that separate judgments should be pronounced by the members of the Court, the judgment of the Court shall be pronounced by the Chief Justice, if present, or in his absence by the senior member of the Court, or by such other member of the Court hearing the case as the Chief Justice or senior member directs, and no judgment with respect to the determination of any question shall be separately pronounced by any other member of the Court. Right of Appeal and Determination of Appeals. 5. A person convicted on information may appeal under this Act to the Full Court (a) against his conviction on any ground of appeal which involves a question of law alone: Provided that the Full Court in any such case may, if it thinks fit, decide that the procedure with relation to Crown cases reserved under the Criminal Law Consolidation Act, 1876, should be followed and require a case to be stated accordingly under that Act in the same manner as if a question of law had been reserved, and thereupon the provisions of the said Act shall with the necessary modifications apply accordingly ; (b) upon the certificate of the Judge of the Supreme Court before whom he was tried that it is a fit case for appeal, against his conviction on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact; (c) with the leave of the Full Court, upon any such ground as is mentioned in subdivision (5) hereof or any other ground which appears to the Full Court to be a sufficient ground of appeal; and (d) with the leave of the Full Court, against the sentence passed on his conviction, unless the sentence is one fixed by law. 6. (1) The Full Court on any such appeal against conviction appeals in ordinary 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 Cf. ibid., s. 4. Court Criminal Appeals Act.-1924. Court before which the appellant was convicted should be set aside on the ground of a wrong decision of any question of law, or that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal: Provided that the Full Court may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favor 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 Act the Full Court shall, if it allows an appeal against conviction, quash the conviction and either direct a judgment and verdict of acquittal to be entered or direct a new trial to be had. (3) Where a new trial is directed the Full Court may make such order as it thinks fit for the safe custody of the appellant or for admitting him to bail. (4) On an appeal against sentence the Full 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 (whether more or less severe) in substitution therefor as it thinks ought to have been passed, and in any other case shall dismiss the appeal. special cases. 7. (1) If it appears to the Full Court that an appellant, though Powers of Court in not properly convicted on some count or part of the information, has been properly convicted on some other count or part of the Cf. ibid., s. 5. information, the Court may either affirm the sentence passed on the appellant at the trial or pass such sentence in substitution therefor as it thinks proper and as may be warranted in law by the verdict on the count or part of the information on which the Court considers that the appellant has been properly convicted. (2) Where an appellant has been convicted of an offence and the jury could on the information have found him guilty of some other offence, and on the finding of the jury it appears to the Full Court that the jury must have been satisfied of facts which proved him guilty of that other offence, the Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity. (3) Where on the conviction of the appellant the jury has found a special verdict and the Full Court considers that a wrong conclusion has been arrived at by the Court before which the appellant has been convicted on the effect of that verdict the Full Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Court to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law. (4) If on any appeal it appears to the Full Court that an appellant found guilty of the offence with which he was charged was insane at the time of the commission of such offence so as not to be responsible according Re-vesting and restitution of property on conviction. Cf. ibid., s. 6. Jurisdiction of Full Time for appealing. Cf. ibid., 8. 7. Criminal Appeals Act.-1924. according to law for his actions, the Court may quash the sentence passed at the trial and order the appellant to be kept in strict custody until the Governor's pleasure shall be known in the same manner as if the appellant had been found to be insane by the special verdict of the jury under section 381 of the Criminal Law Consolidation Act, 1876. 8. (1) The operation of any order for the restitution of any property to any person or with reference to any property or the payment of money made on or in connection with a conviction on information and the operation in case of any such conviction of the provisions of subsection (1) of section 24 of the Sale of Goods Act, 1895, as to the re-vesting of the property in stolen goods on conviction shall (unless the Court before which the conviction takes place directs to the contrary in any case in which in its opinion the title to the property is not in dispute) be suspended- (a) in any case until the expiration of ten days after the date of the conviction; and (b) in cases where notice of appeal or leave to appeal is given within ten days after the date of conviction, until the determination of the appeal; and in cases where the operation of any such order or the operation of the said provisions is suspended until the determination of the appeal the order or provisions (as the case may be) shall not take effect as to the property in question if the conviction is quashed on appeal, except by the special order of the Full Court. Provision may be made by Rules of Court for securing the safe custody of any property pending the suspension of the operation of any such order or of the said provisions. (2) The Full Court may by order annul or vary, or refuse to annul or vary, any order made on or in connection with a conviction for the restitution of any property to any person or with reference to any property or the payment of money, whether the conviction or sentence is or is not quashed; and the order if annulled shall not take effect, and if varied shall take effect as so varied. 9. All jurisdiction and authority under any other Act in relation to questions of law arising in criminal trials which are vested in the Judges of the Supreme Court or the Full Court of the Supreme Court as constituted by the Supreme Court Act, 1878, shall be vested in the Full Court for the purposes of this Act. Procedure. 10. (1) Where a person convicted desires to appeal under this Act to the Full Court or to obtain the leave of that Court to appeal he shall give notice of appeal, or notice of his application for leave to appeal, in such manner as may be directed by Rules of Court within ten days of the date of conviction. Such Rules shall enable any convicted person to present his case and his argument in writing instead Criminal Appeals Act.--1924. instead of by oral argument if he so desires. Any case or argument so presented shall be considered by the Full Court. Except in the case of a conviction involving sentence of death the time within which notice of appeal or notice of an application for leave to appeal may be given may be extended at any time by the Full Court, notwithstanding that the application for extension was made after the time had expired. (2) In the case of a conviction involving sentence of death or corporal punishment (a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal (b) if notice is so given, the appeal or application shall be heard 11. The Judge of the Supreme Court before whom a person is convicted shall, in the case of an appeal under this Act against the conviction or against the sentence or in the case of an application for leave to appeal under this Act, furnish to the Master in accordance with Rules of Court his notes of the trial and shall also furnish to the Master in accordance with Rules of Court a report giving his opinion upon the case or upon any point arising in the case. Judge's notes and report to be furnished on appeal. Cf. ibid., s. 8. 12. For the purposes of this Act the Full Court may, if it thinks Supplemental it necessary or expedient in the interests of justice, (a) order the production of any document, exhibit, or other thing connected with the proceedings the production of which appears to it necessary for the determination of the case; (b) order any witnesses who would have been compellable (c) receive the evidence, if tendered, of any witness (including powers of Court. Cf. ibid., s. 9. Legal assistance to appellant. Cf. ibid., s. 10. Right of appellant to be present. Cf. ibid., s. 11. Right of audience. Cf. ibid., s. 12. Criminal Appeals Act.-1924. (d) where any question arising on the appeal involves prolonged examination of documents or accounts or any scientific or local investigation which cannot, in the opinion of the Full Court, conveniently be conducted before the Court, order the reference of the question in manner provided by Rules of Court for inquiry and report to a special commissioner appointed by the Court and act upon the report of any such commissioner so far as it thinks fit to adopt it; (e) appoint any person with special expert knowledge to act as assessor to the Full Court in any case where it appears to the Court that such special knowledge is required for the proper determination of the case; (f) exercise in relation to the proceedings of the Court any other powers which may for the time being be exercised by the Supreme Court on appeals or applications in civil matters; and (g) issue any warrants necessary for enforcing the orders or sentences of the Court: Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial. 13. A Judge may assign to an appellant a solicitor and counsel or counsel only in any appeal or new trial, or proceedings preliminary or incidental to any appeal or new trial, in which, in the opinion of the Judge, it appears desirable in the interests of justice that the appellant should have legal aid and when, in the opinion of the Judge, he has not sufficient means to enable him to obtain that aid. 14. (1) An appellant if he so desires shall, notwithstanding that he is in custody, be entitled to be present on the hearing of his appeal except where the appeal is on some ground involving a question of law alone, but in that case and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal shall not be entitled to be present except where Rules of Court provide that he shall have the right to be present, or where the Full Court gives him leave to be present. (2) The power of the Full Court to pass any sentence under this Act may be exercised notwithstanding that the appellant is for any reason not present. 15. The Attorney-General or counsel on his behalf shall appear for the Crown on every appeal to the Full Court under this Act, unless a private prosecutor in the case of a private prosecution undertakes the defence of the appeal, and provision shall be made by Rules of Court for the transmission to the Attorney-General of all such documents, exhibits, and other things connected with the proceedings as he may require for the purpose of his duties under this section. 16. (1) On |