New Zealand Legislation: Acts

9A Determination of appeals against conviction

• (1) On an appeal to the court against conviction, the court must—

  • (a) allow the appeal if it considers that—

    • (i) the finding of the Court Martial should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence; or

    • (ii) the finding of the Court Martial involves a wrong decision on a question of law; or

    • (iii) there was, on any ground, a miscarriage of justice; or

    • (iv) the trial was a nullity; or

  • (b) dismiss the appeal in any other case.

  (2) However, the court may dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred even though it considers that the point raised in the appeal might be decided in favour of the appellant.

  (3) If the court allows an appeal, the court—

  • (a) may squash the conviction; and

  • (b) may do any of the following:

    • (i) direct a judgment and finding of acquittal to be entered; or

    • (ii) direct a new trial; or

    • (iii) make any other order that justice requires.

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