PART XXI
Appeals (ss 322-326)

[Ch0802s322]322.   When execution of sentence may be suspended

            The execution of the sentence of a magistrate's court shall not be suspended by reason of any appeal against a conviction, unless-

     (a)     the sentence is that the accused be given corporal punishment, in which case the sentence shall not be executed until the appeal has been heard and decided; or

     (b)     the court from which the appeal is made thinks fit to order that the accused be admitted to bail or, if he is sentenced to any punishment other than simple imprisonment, that he be treated as an unconvicted prisoner until the appeal has been heard and decided:

            Provided that-

      (i)     when the accused is ultimately sentenced to imprisonment, the time during which he is so released on bail shall be excluded in computing the term for which he is so sentenced; and

      (ii)     when the accused has been detained as an unconvicted prisoner as hereinbefore provided, the time during which he has been detained shall be included or excluded in computing the term for which he is ultimately sentenced as the appellate court may determine.

[Ch0802s323]323.   Summary dismissal of appeal

            Where an appeal against a conviction or sentence from a magistrate's court has been duly noted, the appellate court, on perusing the record of the case, including the appellant's statement setting out the grounds upon which the appeal is based, and any due notice of amendment thereof, and any further document which may have duly become part of the record, may if it considers that there is no sufficient ground for interfering, dismiss the appeal summarily:

            Provided that no appeal shall be dismissed unless the appellant or his counsel (if the court has been notified that he has a counsel) has had a reasonable opportunity of being heard in support of the same.

[Ch0802s324]324.   Notice of time, place and hearing

            If the appellate court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his counsel, and to the Director of Public Prosecutions, or in the case of a private prosecution, to the complainant or his counsel, of the time and place at which such appeal will be heard, and shall furnish the Director of Public Prosecutions or, in the case of a private prosecution, the complainant or his counsel, with a copy of the record of the case, including the appellant's statement setting out the grounds upon which the appeal is based, and any due notice of amendment thereof, and any further document which may have duly become part of the record.

[Ch0802s325]325.   Powers of appellate court

            In case of any appeal against a conviction or sentence which has not been dismissed summarily under section 323, the appellate court may without prejudice to the exercise by the court of its powers under section 62 of the Magistrates' Courts Act and under section 10 of the High Court Act-

     (a)     confirm the judgment of the court below, in which case if the accused, having been convicted and admitted to bail, is in court, the appellate court may forthwith commit him to custody for the purpose of undergoing any punishment to which he may have been sentenced;

     (b)     order that the judgment shall be set aside notwithstanding the verdict, which order shall have for all purposes the same effect as if the accused had been acquitted;

     (c)     give such judgment as ought to have been given at the trial, or impose such punishment (whether more or less severe than or of a different nature from the punishment imposed by the court below) as ought to have been imposed at the trial; or

     (d)     make such other order as justice may require:

                      Provided that notwithstanding that the appellate court is of the opinion that any point raised might be decided in favour of the accused, no conviction or sentence shall be set aside or altered by reason of any irregularity or defect in the record or proceedings, unless it appears to the appellate court that a failure of justice has in fact resulted therefrom.

[Ch0802s326]326.   Order of court to be certified

            The order or direction of the appellate court shall be certified under the hand of the presiding judge to the Registrar of the court before which the case was tried, and such order or direction shall be carried into effect and shall authorize every person affected by it to do whatever is necessary to carry it into effect.