New Zealand Legislation: Acts

9B Variation of conviction so as to attract different sentence

• (1) Where an appellant has been convicted of an offence committed under circumstances involving the higher of 2 degrees of punishment, and it appears to the court that the Court Martial ought to have convicted him of the offence under circumstances involving the lower degree of punishment, the court may, instead of allowing or dismissing the appeal, substitute for the conviction recorded by the Court Martial a conviction for the offence as being committed under circumstances involving the lower degree of punishment.

  (2) Where the court exercises the power conferred by subsection (1), it may pass on the appellant, in substitution for the sentence passed on him by the Court Martial, such sentence as it thinks proper being a sentence warranted by the Armed Forces Discipline Act 1971 for the offence specified or involved in the substituted conviction, but not being a sentence of greater severity than that actually passed by the Court Martial.

  Section 9B: inserted, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

  Section 9B(1): amended, on 1 July 2009, by section 11(1) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9B(1): amended, on 1 July 2009, by section 11(2) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9B(2): amended, on 1 July 2009, by section 11(1) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).