South Australian Current Acts South Australian Current Acts160—Powers of Court in special cases
(1) If it appears to
the Court of Appeal that an appellant, although not properly convicted on some
count or part of the information, has been properly convicted on some other
count or part of the information, the Court may either affirm the sentence
passed on the appellant at the trial or pass such other sentence in
substitution or 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 the appellant guilty of some other offence and, on the finding of the
jury, it appears to the Court of Appeal that the jury must have been satisfied
of facts which proved the appellant 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 Court
of Appeal 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 Court of Appeal 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.