On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/08/2012.
142.
—(1) The Military Court of Appeal shall allow an appeal against conviction by a subordinate military court if the Court thinks —
(a)
that the finding of the subordinate military court under all the circumstances of the case is unsafe or unsatisfactory;
(b)
that the finding involves a wrong decision of a question of law; or
(c)
that there was a material irregularity in the course of the trial,
and in any other case shall dismiss the appeal.
(2) The Military Court of Appeal 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 miscarriage of justice has actually occurred.
(3) If the Military Court of Appeal allows an appeal against conviction, the Court shall quash the conviction.
(4) In an appeal from an order of acquittal, the Military Court of Appeal may reverse the order and direct that further enquiry shall be made or that the accused shall, subject to section 149, be retried or find him guilty and pass sentence on him according to law.
(5) At the hearing of an appeal, the Military Court of Appeal may subject to this Part —
(a)
if the appeal is against a conviction —
(i)
reverse the finding and sentence and acquit the accused or order him to be retried under section 149;
(ii)
alter the finding, maintain the sentence or, with or without altering the finding, reduce or enhance the sentence; or
(iii)
with or without reduction or enhancement and with or without altering the finding alter the nature of the sentence;
(b)
if the appeal is against sentence, reduce or enhance the sentence or alter the nature of the sentence;
(c)
if the appeal is from any other order, alter or reverse the order.