New Zealand Legislation: Acts

9AC Substitution of conviction on different charge

• (1) This section applies if—

  • (a) an appellant has been convicted of an offence; and

  • (b) the Court Martial could have found the appellant guilty of some other offence (being an included offence or an offence that was recorded as an alternative charge in the charge sheet); and

  • (c) on the finding of the Court Martial it appears to the court that the Court Martial must have been satisfied of facts that proved the appellant guilty of that other offence.

  (2) The court may, instead of allowing or dismissing the appeal,—

  • (a) substitute for the finding of the Court Martial a finding of guilty of that other offence; and

  • (b) impose a sentence in substitution for the sentence imposed that may be warranted in law for that other offence (which must not be a sentence of greater severity).

  Section 9AC: inserted, on 1 July 2009, by section 10 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).