New Zealand Legislation: Acts

9E Appeal against acquittal on account of insanity

• (1) A person who is acquitted by the Court Martial on account of his insanity shall have the same right of appeal against the finding of the Court Martial as he would if the finding had been a conviction.

  (2) If on any such appeal the finding of insanity is challenged by the appellant, and the court is of the opinion that the finding ought not to stand, and is satisfied that in the absence of such a finding the proper finding would have been that the appellant was guilty of an offence (whether that with which he was charged or any offence of which he could have been convicted at the trial), the court shall substitute for the acquittal a conviction for the offence. Thereupon the court shall have the same powers of sentencing or otherwise dealing with the appellant, and such other powers, as the Court Martial would have had if the substituted conviction had been recorded at the trial.

  (3) Except as provided in subsection (2), on any such appeal the court may—

  • (a) allow the appeal, and direct that the appellant be acquitted:

  • (b) dismiss the appeal:

  • (c) exercise any power, whether to direct a new trial or otherwise, that it could exercise if the appeal were an appeal against conviction.

  (4) No such appeal shall be allowed by reason only of the fact that the appellant ought to have been acquitted of the offence charged, if the court is of the opinion that, but for the insanity, the proper finding would have been that he was guilty of some other offence; but the court may direct that the other offence be substituted, in the record of the finding, for the offence charged.

  (5) Unless the court otherwise directs, the term of any sentence passed by it pursuant to subsection (2) shall begin to run from the time when it would have begun to run if passed on the date on which the finding appealed against was made.

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

  Section 9E(1): amended, on 1 July 2009, by section 14(1) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9E(1): amended, on 1 July 2009, by section 14(2) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9E(2): amended, on 1 July 2009, by section 14(2) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).