Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 31 : Appeals in cases of Criminal Proceedings in Superior Courts322. Powers of court of appeal |
| (1) | In the case of an appeal against a conviction or of any question of law reserved, the court of appeal may— |
| (a) | allow the appeal if it thinks that the judgment of the trial court should be set aside on the ground of a wrong decision of any question of law or that on any ground there was a failure of justice; or |
| (b) | give such judgment as ought to have been given at the trial or impose such punishment as ought to have been imposed at the trial; or |
| (c) | make such other order as justice may require: |
Provided that, notwithstanding that the court of appeal is of opinion that any point raised might be decided in favour of the accused, no conviction or sentence shall be set aside or altered by reason of any irregularity or defect in the record or proceedings, unless it appears to the court of appeal that a failure of justice has in fact resulted from such irregularity or defect.
| (2) | Upon an appeal under section 316 or 316B against any sentence, the court of appeal may confirm the sentence or may delete or amend the sentence and impose such punishment as ought to have been imposed at the trial. |
[Section 322(2) substituted by section 13(a) of Act No. 107 of 1990]
| (2A) | [Section 322(2A) deleted by section 42(a) of Act No. 105 of 1997] |
| (3) | Where a conviction and sentence are set aside by the court of appeal on the ground that a failure of justice has in fact resulted from the admission against the accused of evidence otherwise admissible but not properly placed before the trial court by reason of some defect in the proceedings, the court of appeal may remit the case to the trial court with instructions to deal with any matter, including the hearing of such evidence, in such manner as the court of appeal may think fit. |
| (4) | Where a question of law has been reserved on the application of a prosecutor in the case of an acquittal, and the court of appeal has given a decision in favour of the prosecutor, the court of appeal may order that such of the steps referred to in section 324 be taken as the court may direct. |
| (5) | The order or direction of the court of appeal shall be transmitted by the registrar of that court to the registrar of the court before which the case was tried, and such order or direction shall be carried into effect and shall authorise every person affected by it to do whatever is necessary to carry it into effect. |
| (6) | The powers conferred by this section upon the court of appeal in relation to the imposition of punishments, shall include the power to impose a punishment more severe than that imposed by the court below or to impose another punishment in lieu of or in addition to such punishment. |
[Section 322(6) substituted by section 42(b) of Act No. 105 of 1997]
