Section 185: Determination of appeals in ordinary case

(1) Subject to the provisions of section 186 of this Act, on an appeal under this Part against a conviction, the Court of Appeal shall allow the appeal if it thinks that the finding of the court-martial is unreasonable or cannot be supported having regard to the evidence or involves a wrong decision on a 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 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 substantial miscarriage of justice has actually occurred.
[1997 No. 15.]
(2) If the Court of Appeal allows an appeal against a conviction under this Part, it shall quash the conviction.
[1997 No. 15.]
(3) On an appeal under this Part against a sentence the Court of Appeal shall, if it is of opinion that a different sentence should have been passed, quash the sentence passed by the court-martial and pass such other sentence (whether more or less severe) in substitution thereof as it thinks ought to have been passed, being a sentence which, under section 118 or 119 of this Act, could lawfully have been passed for the offence of which the appellant was convicted, or, if it is not of that opinion, dismiss the appeal.
[1997 No. 15.]
(4) The term of any sentence passed by the Court of Appeal under subsection (3) of this section, shall, unless the Court of Appeal otherwise directs, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal is brought and any such sentence shall be deemed for the purposes of this Act to be a sentence passed by the court-martial being a sentence that has been confirmed.
[1997 No. 15.]