Section 222: Effect of material error

(1) Where an appellate court is of opinion that a defendant convicted of an offence was misled in his defence by the absence of a charge, or by an error in the charge, which has occasioned a miscarriage of justice, it may direct that the trial be recommenced on another charge.
(2) Where the appellate court is of opinion that the facts of the case are such that no valid charge could be preferred against the defendant in respect of the facts proved it shall quash the conviction.